[Federal Register Volume 87, Number 175 (Monday, September 12, 2022)]
[Proposed Rules]
[Pages 55743-55768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18605]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 171, 172, 173, 174, 175, 176, and 177

[Docket No. PHMSA-2018-0081 (HM-250A)]
RIN 2137-AF42


Hazardous Materials: Compatibility With the Regulations of the 
International Atomic Energy Agency

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA, in coordination with the Nuclear Regulatory Commission, 
proposes to amend the Hazardous Materials Regulations to maintain 
alignment with international regulations and standards governing the 
transportation of Class 7 radioactive materials. Specifically, PHMSA 
proposes to adopt changes contained in the International Atomic Energy 
Agency standards. Additionally, PHMSA proposes regulatory amendments 
identified through internal regulatory review processes to update, 
clarify, correct, or streamline certain regulatory requirements 
applicable to the transportation of Class 7 (radioactive) materials.

DATES: Comments must be received by December 12, 2022. To the extent 
possible, PHMSA will consider late-filed comments as a final rule is 
developed.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management System.
     U.S. Department of Transportation, Docket Operations, M-
30, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, 
DC 20590-0001.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, Ground Floor, Room W12-140, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001 between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.
    Instructions: Include the agency name and docket number PHMSA-2018-
0081 (HM-250A) or RIN 2137-AF42 for this rulemaking at the beginning of 
your

[[Page 55744]]

comment. Note that all comments received will be posted without change 
to http://www.regulations.gov, including any personal information 
provided. If sent by mail, comments must be submitted in duplicate. 
Persons wishing to receive confirmation of receipt of their comments 
must include a self-addressed stamped postcard.
    Docket: For access to the dockets to read background documents or 
comments received, go to http://www.regulations.gov or the DOT Docket 
Operations Office (see ADDRESSES).
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (FOIA; 5 U.S.C. 552), CBI is exempt from 
public disclosure. If your comments responsive to this NPRM contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this NPRM, it is important that you clearly designate the 
submitted comments as CBI. Please mark each page of your submission 
containing CBI as ``PROPIN'' for ``proprietary information.'' 
Submissions containing CBI should be sent to Alexander Wolcott, U.S. 
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001. Any commentary that PHMSA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

FOR FURTHER INFORMATION CONTACT: Alexander Wolcott, Standards and 
Rulemaking Division, (202) 366-8553, or Rick Boyle, Engineering and 
Research Division, (202) 366-2993, Pipeline and Hazardous Materials 
Safety Administration, U.S. Department of Transportation, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Executive Summary
II. Background
III. Incorporation by Reference Discussion Under 1 CFR Part 51
IV. Overview of Proposed Amendments
    A. Amendments To Harmonize With the 2012 SSR-6 and 2018 SSR-6, 
Rev. 1
    B. Other Proposed Amendments
    C. Amendments Not Being Considered for Proposal
V. Section-by-Section Review
VI. Regulatory Analyses and Notices
    A. Statutory/Legal Authority
    B. Executive Order 12866 and DOT Regulatory Policies and 
Procedures
    C. Executive Order 13132
    D. Executive Order 13175
    E. Regulatory Flexibility Act and Executive Order 13272
    F. Paperwork Reduction Act
    G. Unfunded Mandates Reform Act of 1995
    H. Environmental Assessment
    I. Privacy Act
    J. Executive Order 13609 and International Trade Analysis
    K. Executive Order 12898 and Environmental Justice
    L. National Technology Transfer and Advancement Act

I. Executive Summary

    PHMSA, in coordination with the Nuclear Regulatory Commission 
(NRC), proposes to amend certain provisions of the Hazardous Materials 
Regulations (HMR; 49 CFR parts 171 to 180) to maintain alignment with 
International Atomic Energy Agency (IAEA) regulations and standards. 
Additionally, PHMSA proposes regulatory amendments identified through 
internal regulatory review processes to update, clarify, correct, or 
streamline certain regulatory requirements applicable to the 
transportation of Class 7 radioactive materials.
    PHMSA expects adoption of the regulatory amendments proposed in 
this NPRM will maintain the high safety standard currently achieved 
under the HMR. PHMSA also notes that--insofar as harmonization of the 
HMR with international consensus standards as proposed could reduce 
delays and interruptions of hazardous materials shipments during 
transportation--the proposed amendments may also lower greenhouse gas 
(GHG) emissions and safety risks to minority, low-income, underserved, 
and other disadvantaged populations, and communities in the vicinity of 
interim storage sites and transportation arteries and hubs.
    The following list summarizes the more noteworthy proposals set 
forth in this NPRM:
     Incorporation by Reference: PHMSA proposes to incorporate 
by reference IAEA's 2018 Edition of Regulations for the Safe Transport 
of Radioactive Material, Safety Standards Series No. SSR-6 (Rev.1); 
American National Standard Institute's (ANSI) N14.1 Uranium 
Hexafluoride--Packaging for Transport, 2012 Edition; and ANSI's N14.1 
Uranium Hexafluoride--Packaging for Transport, 2019 Edition.
     Scope and Applicability of Subpart I (Radioactive 
Materials Packaging Requirements): PHMSA proposes to except certain 
shipments from the requirements of subpart I of the HMR by amending 
Sec.  173.401. First, PHMSA proposes to amend Sec.  173.401(b)(4) to 
specify that Sec.  173.401 does not apply to all natural material and 
ores containing naturally-occurring radionuclides regardless of the 
intended use, provided the activity concentration of the material does 
not exceed 10 times the exempt material activity concentration values 
specified in Sec.  173.436, or as determined in accordance with the 
requirements of Sec.  173.433. Currently, only natural materials and 
ores processed for purposes other than extraction of the radionuclides 
are excepted in Sec.  173.401(b). As written, the HMR treats identical 
radioactive materials differently based on the intended use and not the 
hazard presented. Second, PHMSA proposes to revise Sec.  173.401(b)(2) 
to provide an exception for a person being transported for medical 
treatment because of accidental or deliberate intake of radioactive 
material, or because of contamination. Currently, Sec.  173.401 
provides an exception from subpart I for radioactive materials 
implanted into people or animals for diagnosis or treatment, but not 
for radioactive material present in or on an individual due to 
contamination. The second proposed amendment would address these 
additional circumstances and facilitate the transportation of people 
and their effects--such as clothing or other items on their person--who 
have been contaminated and need to be transported for medical 
treatment.
     Surface Contaminated Object--III (SCO-III): PHMSA proposes 
to revise the definition for ``Surface Contaminated Object'' (SCO) in 
Sec.  173.403 to include ``SCO-III.'' This new form of surface 
contaminated object is meant for large solid objects (e.g., a steam 
generator, reactor coolant pump, pressurizer, or reactor head 
component, etc.) that cannot be transported in a package. The 
requirements for transporting SCO-III material are proposed in Sec.  
173.427. Currently, such shipments can only be transported using a DOT 
special permit.
     Aging of Packages: PHMSA proposes to amend Sec.  173.410 
to require package manufacturers to consider the effects of aging 
during the design process. The proposed language requires manufacturers 
to evaluate the potential degradation phenomena over time, such as 
corrosion, abrasion, fatigue, crack propagation, changes of material 
compositions or mechanical properties due to thermal loadings or 
radiation, generation of decomposition gas, as well as their impact on 
the functions important to safety. Package engineers already consider 
these factors when they design radioactive packages; however, there is 
no specific requirement related to the aging of packaging designs. The 
codification of

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this best practice would help to ensure that radioactive packagings 
remain safe throughout their life cycle.
    PHMSA expects that some of the proposed amendments represent 
improvements in safety--e.g., transport index limits and packaging 
aging--while none would have significant negative impacts on public 
safety or the environment. Additionally, PHMSA anticipates safety 
benefits from improved compliance related to consistency between 
domestic and international regulations. PHMSA solicits comment on the 
amendments proposed in this NPRM, specifically the: (1) need for the 
proposals, including benefits and costs of those actions; (2) potential 
impacts on safety and the environment; impact on environmental justice 
and equity; and (3) any other relevant information. In addition, PHMSA 
solicits comment regarding approaches to reducing the costs of this 
rulemaking while maintaining or increasing safety benefits. In its 
preliminary regulatory impact analysis (PRIA), PHMSA concluded that the 
aggregate benefits of the amendments proposed in this NPRM justify 
their aggregate costs. Nonetheless, PHMSA solicits comment on specific 
changes (e.g., greater flexibility for a particular proposal) that 
might improve the safe transportation of radioactive materials.

II. Background

    The Federal Hazardous Materials Transportation Act (codified at 49 
U.S.C. 5101 et seq.) directs PHMSA to participate in relevant 
international standard-setting bodies and encourages alignment of the 
HMR with international transport standards consistent with the 
promotion of safety and the public interest.\1\ This statutory mandate 
reflects the importance of international standard-setting activity when 
considering the globalization of commercial transportation of hazardous 
materials. Harmonization of the HMR with international transport 
standards, as appropriate, can reduce the costs and other burdens of 
complying with multiple or inconsistent safety requirements. 
Consistency between the HMR and current international standards can 
also enhance safety by: (1) ensuring that the HMR is informed by the 
latest best practices and lessons learned; (2) improving understanding 
of and compliance with pertinent requirements; (3) facilitating the 
smooth flow of hazardous materials from their points of origin to their 
points of destination, thereby avoiding risks to the public and the 
environment from the release of hazardous materials due to delays or 
interruptions in the transportation of those materials; and (4) 
enabling consistent emergency response procedures in the event of a 
hazardous materials incident.
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    \1\ See 49 U.S.C. 5120.
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    Under their respective statutory authorities, PHMSA and the NRC 
jointly regulate the transportation of radioactive materials to, from, 
and within the United States. In accordance with the 1979 Memorandum of 
Understanding (MOU) \2\ between DOT and NRC:
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    \2\ 44 FR 38690. A copy of the MOU has been placed in the docket 
for this rulemaking at www.regulations.gov.
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     PHMSA regulates both shippers and carriers with respect 
to:
    [cir] packaging requirements;
    [cir] communication requirements for:
    [ssquf] shipping paper contents;
    [ssquf] package labeling and marking;
    [ssquf] vehicle placarding; and
    [cir] training and emergency response requirements.
     NRC requires its licensees to satisfy requirements to 
protect public health and safety, to assure the common defense and 
security, and:
    [cir] certifies Type B and fissile material package designs and 
approves package quality assurance programs for its licensees;
    [cir] provides technical support to PHMSA and works with PHMSA to 
ensure consistency with respect to the transportation of Class 7 
(radioactive) materials; and
    [cir] conducts inspections of licensees and an enforcement program 
within its jurisdiction to assure compliance with its requirements.
    Historically, PHMSA and NRC--and their predecessor agencies--have, 
to the extent practicable, harmonized their respective regulations to 
maintain compatibility with the IAEA's regulations. The Safety Series 
No. 6, ``Regulations for the Safe Transport of Radioactive Material,'' 
was first published by IAEA in 1961 and revised in 1964, and again in 
1967. On October 4, 1968, DOT adopted harmonizing amendments to the 
HMR.\3\ Additional revisions were made by IAEA in 1973 and 1985, and 
DOT then codified these revisions in the HMR.\4\ IAEA completed a major 
revision to the Safety Series No. 6--renamed ``Regulations for the Safe 
Transport of Radioactive Material, 1996 Edition, No. ST-1''--in 1996 
and later republished it in 2000 to include minor editorial changes, at 
which time the previous designation was changed to ``Regulations for 
the Safe Transport of Radioactive Material, 1996 Edition, No. TS-R-1, 
(ST-1, Revised).'' On January 26, 2004, PHMSA adopted harmonizing 
amendments to the HMR.\5\ Then, on July 11, 2014, PHMSA adopted the 
updates of the 2003, 2005 and 2009 editions in the HMR.\6\ Finally, on 
January 8, 2015, PHMSA incorporated by reference the 2012 edition of 
the SSR,\7\ but did not fully harmonize the HMR's requirements with the 
changes made in that edition.
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    \3\ 33 FR 14918.
    \4\ 48 FR 10218 (Mar. 10, 1983) and 60 FR 50291 (Sep. 28, 1995).
    \5\ 69 FR 3632.
    \6\ 79 FR 40589.
    \7\ 80 FR 1075.
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    In this NPRM, PHMSA proposes to amend the HMR to align with the 
sections of 2012 SSR-6 the HMR do not currently harmonize with and 2018 
SSR-6, (Rev. 1), which includes changes made to the IAEA regulations 
since PHMSA's rulemaking in 2014.\8\ Furthermore, PHMSA proposes to 
incorporate by reference 2018 SSR-6, (Rev. 1) and the 2012 and 2019 
editions of ANSI N14.1: Uranium Hexafluoride--Packaging for Transport. 
Additionally, PHMSA proposes regulatory amendments identified through 
internal regulatory review processes to update, clarify, correct, or 
streamline certain regulatory requirements applicable to the 
transportation of Class 7 (radioactive) materials.
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    \8\ 79 FR 40589.
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    PHMSA is working closely with NRC in the development of this 
rulemaking and anticipates that NRC will publish a parallel rulemaking. 
PHMSA and NRC will coordinate the development and publication schedules 
for the final rules and, if necessary, PHMSA may issue a supplemental 
notice of proposed rulemaking to ensure that the DOT and NRC rules are 
compatible.
    This NPRM addresses only the areas for which DOT has jurisdiction 
as defined in the MOU with NRC. Comments responding to any parallel NRC 
NPRM should be submitted in accordance with the public participation 
guidelines established by NRC in 10 CFR part 2 subpart H.

III. Incorporation by Reference Discussion Under 1 CFR Part 51

    According to the Office of Management and Budget's (OMB) Circular 
A-119, ``Federal Participation in the Development and Use of Voluntary 
Consensus Standards and in Conformity Assessment Activities,'' 
government agencies must use voluntary consensus standards wherever 
practical in the development of regulations.
    PHMSA currently incorporates by reference into the HMR all or the

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relevant parts of several standards and specifications developed and 
published by standard development organizations (SDO). In general, SDOs 
update and revise their published standards every two to five years to 
reflect modern technology and best technical practices. The National 
Technology Transfer and Advancement Act of 1995 (NTTAA; Pub. L. 104-
113) directs Federal agencies to use standards developed by voluntary 
consensus standards bodies in lieu of government-written standards 
unless to do so would be inconsistent with applicable law or otherwise 
impracticable. Voluntary consensus standards bodies develop, establish, 
or coordinate technical standards using agreed-upon procedures. OMB 
issued Circular A-119 to implement section 12(d) of the NTTAA relative 
to the utilization of consensus technical standards by Federal 
agencies. This circular provides guidance for agencies participating in 
voluntary consensus standards bodies and describes procedures for 
satisfying the reporting requirements in the NTTAA. Consistent with the 
requirements of the NTTAA and its statutory authorities, PHMSA is 
responsible for determining which standards should be updated, revised, 
removed, or added to the HMR. Revisions to materials incorporated by 
reference in the HMR are handled via the rulemaking process, which 
allows the public and regulated entities to provide input. During the 
rulemaking process, PHMSA must also obtain approval from the Office of 
the Federal Register to incorporate by reference any new materials. 
Regulations of the Office of the Federal Register require that agencies 
detail in the preamble of an NPRM the ways the materials it proposes to 
incorporate by reference are reasonably available to interested 
parties, or how the agency worked to make those materials reasonably 
available to interested parties. (See 1 CFR 51.5.)
    PHMSA proposes to incorporate by reference ``Specific Safety 
Requirements Number SSR-6, Revision 1: Regulations for the Safe 
Transport of Radioactive Material 2018 Edition'' (2018 SSR-6, Rev. 1) 
and the 2012 and 2019 editions of ANSI N14.1: Uranium Hexafluoride--
Packaging for Transport. A summary and discussion of these standards 
can be found in ``V. Section-by-Section Review'' under Sec.  171.7. The 
IAEA regulations are free and easily accessible to the public on the 
internet, with access provided through the parent organization website 
at: https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material. The 2012 and 2019 editions of ANSI 
N14.1 are available for purchase on the ANSI website at: https://webstore.ansi.org/Standards/PCC/ANSIN142012 and https://webstore.ansi.org/Standards/PCC/ANSIN142019 respectively.

IV. Overview of Proposed Amendments

    PHMSA proposes amendments to the HMR based on updates to the 2012 
and 2018 editions of the IAEA Safety Standards: 2012 SSR-6 and 2018 
SSR-6, Rev. 1. As proposed, the amendments would continue to maintain 
compatibility between the HMR and the IAEA regulations. PHMSA does not 
intend to make the HMR identical to the IAEA regulations but, rather, 
to remove or avoid potential barriers to international commerce while 
adhering to domestic law, reflecting domestic practices, and 
maintaining public health and safety. Accordingly, PHMSA is not 
proposing to adopt all the recent updates into the HMR because the 
framework or structure of the HMR may make adoption unnecessary or 
impractical. In such cases, there is no added benefit to safety that 
might outweigh the impracticality of adoption.

A. Amendments To Harmonize With the 2012 SSR-6 and 2018 SSR-6, Rev. 1

    In consideration of updates in 2012 SSR-6 and 2018 SSR-6, Rev. 1, 
PHMSA proposes to amend the HMR as follows:
     Revise paragraph Sec.  171.7(s) to incorporate by 
reference the revised 2018 SSR-6, Rev. 1 into the HMR.
     Revise Sec.  172.101 to add the new SCO-III, so that the 
proper shipping name of UN2913 reads ``Radioactive Material, surface 
contaminated objects (SCO-I, SCO-II, or SCO-III) in the Hazardous 
Materials Table (HMT).
     Add new language to Sec.  172.203(d)(4) and (5) to allow 
for the label type and transport index of overpacks to be listed on 
shipping papers.
     Clarify Sec.  172.310 to state that markings on a package 
that do not relate to the material in the package must be removed or 
covered before shipment.
     Add a provision to Sec.  173.401(b)(2) to include persons 
contaminated by radioactive material transported for medical treatment.
     Add a new term ``dose rate'' in Sec.  173.403.
     Revise the definition of Low specific activity (LSA) 
material in Sec.  173.403 to remove the leaching prevention requirement 
for LSA-III material.
     Revise the definition of Special Form Class 7 
(radioactive) in Sec.  173.403 to adopt a newer standard for the design 
of these materials.
     Revise the definition of Surface Contaminated Object (SCO) 
in Sec.  173.403 to add a new SCO-III material.
     Revise Sec.  173.410(i)(3) to require that all Class 7 
materials--not just liquids--be capable of withstanding an internal 
pressure that produces a pressure differential of not less than the 
maximum normal operating pressure plus 95 kPa.
     Add a new paragraph (j) to Sec.  173.410 to require that 
aging be considered when designing packages for Class 7 materials.
     Amend Sec.  173.417(a) to allow the import and export of 
fissile material packages that meet IAEA requirements for criticality 
safety index control without package certification by Competent 
Authorities.
     Add requirements to Sec.  173.427 for the new SCO-III 
materials, including a new Sec.  173.427(d) to require vehicles 
transporting the new SCO-III materials be properly surveyed for 
residual radioactivity after each shipment.
     Add a new paragraph (i) to Sec.  173.433 to allow a 
stakeholder to apply for an approval to allow certain instruments or 
articles to have an alternative activity limit.
     Add seven new radionuclides to the Table of A1 
and A2 values for radionuclides. in Sec.  173.435.
     Add seven new radionuclides to the Table of Exempt 
material activity concentrations and exempt consignment activity limits 
for radionuclides in Sec.  173.436.
     Add reference in Sec.  173.443 to the new Sec.  173.427(d) 
to require vehicles transporting the new SCO-III materials be properly 
surveyed for residual radioactivity after each shipment.
     Revise Sec.  173.448 to require overpacks to be marked 
with the name and address of the consigner and consignee if this 
information cannot be seen on the packages.
     Amend Sec.  173.453(d) to add another condition to the 
existing exception to require fissile material be distributed 
homogeneously and not form a lattice arrangement within the package.
     Add a new paragraph (g) to Sec.  173.453 to allow a 
fissile material exception for packages containing up to 3.5 grams of 
uranium-235 where the uranium-235 is not more than 5 percent of the 
material.
     Add a new paragraph (h) to Sec.  173.453 to allow an 
exception for up to 140 grams fissile nuclides when shipped under 
exclusive use.
     Add a new paragraph (j) to Sec.  173.475 to require proper 
maintenance of shipments of Class 7 materials while in storage.

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B. Other Proposed Amendments

    In addition to the amendments proposed for harmonization with 2012 
SSR-6 and 2018 SSR-6, Rev. 1, PHMSA proposes the following regulatory 
amendments identified through internal regulatory review processes to 
update, clarify, correct, or streamline certain regulatory requirements 
applicable to the transportation of Class 7 (radioactive) materials:
     Revise paragraph (d) of Sec.  171.7 to remove reference to 
Sec.  173.417 and add the 2012 and 2019 editions of ANSI N14.1: Uranium 
Hexafluoride--Packaging for Transport.
     Amend the Sec.  172.101 HMT to remove the reference to 
Sec.  173.427 from columns 8B and 8C for ``UN2978, Radioactive 
material, uranium hexafluoride.''
     Amend Sec.  172.102(c)(1) to remove the reference to Sec.  
173.472, which is proposed to be deleted.
     Amend paragraph (d) of Sec.  172.203 to require a list of 
the fissile nuclides contained in a package be included on a shipping 
paper.
     Add new language to Sec.  173.415 to clarify documentation 
requirements.
     Add new language to Sec.  173.417 to provide a provision 
for fissile material when offered for import or export.
     Add new language to Sec.  173.420 to reference Sec.  
173.477 which is the relevant packaging section for the material.
     Add new language to Sec.  173.420 to reference Sec.  171.7 
where American National Standard N14.1 is referenced.
     Revise Sec.  173.424 to correct a referenced section and 
allow transport of packages that contain fissile material only if 
excepted by Sec.  173.453.
     Revise Sec.  173.431(b) to remove the reference to Sec.  
173.472, which is proposed to be deleted.
     Add a clarification to footnote ``b'' of Sec.  173.436 to 
state that in the case of Th-natural, the parent nuclide is Th-232, and 
in the case of U-natural the parent nuclide is U-238.
     Add a new paragraph to Sec.  173.447. Paragraph (b) will 
be redesignated as (c), and new paragraph (b) will be added, which will 
limit groups of Class 7 (radioactive) packages to a transport index of 
50 and require a minimum distance of 6 meters (20ft) between groups of 
packages.
     Remove Sec.  173.472 because Type B packages were 
previously removed from the HMR.
     Revise the leakage and contamination sections of the 
modal-specific requirements, specifically--Sec. Sec.  174.750, 175.705, 
176.715, and 177.843--to reference the existing Sec.  173.443(e).

C. Amendments Not Being Considered for Proposal

    PHMSA is not proposing to adopt all the updates made to the IAEA 
regulations since 2012 into the HMR. In many cases, amendments to the 
IAEA standards are not proposed for adoption because the framework or 
structure of the HMR makes adoption unnecessary or impractical. Below 
is a listing of significant amendments to the IAEA regulations made 
since PHMSA's 2014 rulemaking that are not being proposed for adoption 
at this time.
     PHMSA is not replacing the term ``radiation level'' with 
``dose rate'' throughout the HMR because the term ``dose rate'' is 
already used in the HMR as a synonym for ``radiation level.'' Instead, 
PHMSA proposes to add a definition for ``dose rate'' that will 
duplicate the current HMR definition for ``radiation level.''
     PHMSA is not adopting all of the changes in the IAEA 
fissile material exceptions in SSR-6 paragraphs 417 and 674 for 
material shipped with beryllium, hydrogenous material enriched in 
deuterium, graphite, and other allotropic forms of carbon (except for 
international shipments), and paragraph 675, which exempted certain 
plutonium shipments from some packaging requirements. Instead, PHMSA 
proposes to adopt changes consistent with the changes that NRC has 
identified in the Regulatory Basis for NRC Docket 2016-0179.

V. Section-by-Section Review

A. Part 171

Section 171.7
    Section 171.7 provides a listing of all voluntary consensus 
standards incorporated by reference into the HMR. PHMSA proposes to 
incorporate by reference ``Specific Safety Requirements Number SSR-6, 
Revision 1: Regulations for the Safe Transport of Radioactive Material 
2018 Edition'' (2018 SSR-6, Rev. 1) and the 2012 and 2019 editions of 
ANSI N14.1: Uranium Hexafluoride--Packaging for Transport. IAEA's SSR-6 
Rev.1 regulates the transportation of radioactive materials 
internationally. PHMSA evaluated the updated standards and determined 
that the revisions provide an enhanced level of safety without imposing 
significant compliance burdens. These standards have well-established 
and documented safety histories, and their adoption will maintain the 
high safety standard currently achieved under the HMR.
    Therefore, PHMSA proposes to add or revise the following 
incorporation by reference materials:
     In paragraph (d), remove reference to Sec.  173.417 and 
incorporate by reference the 2012 and 2019 editions of ANSI N14.1: 
Uranium Hexafluoride--Packaging for Transport in addition to the 
versions currently listed in Sec.  171.7(d). PHMSA proposes to remove 
the reference to Sec.  173.417 from this paragraph because Sec.  
173.417 does not reference the ANSI N14.1 standard. The language in 
Sec.  173.417 pertains to shipments of less than 0.1 kg of uranium 
hexafluoride while ANSI N14.1 only pertains to shipments exceeding 0.1 
kg and those requirements are found in the other listed section, see 
Sec.  173.420. The new editions of ANSI N14.1 provide criteria for 
packaging uranium hexafluoride for transportation and cover design and 
fabrication of the packaging, service inspection requirements, 
cleanliness, maintenance requirements, and cylinder loading 
requirements. PHMSA has incorporated this standard in its regulations 
since 1971, and it remains the industry standard for shipping uranium 
hexafluoride. The changes from the 2001 version to the proposed 2019 
version include requirements for the use of ``plugs'' that were not 
previously allowed and provisions for converting imperial units to 
metric, as well as harmonization with the 2018 SSR-6, Rev. 1 and 
additional best practices including incorporating standards from ASTM 
International. PHMSA believes that the 2019 edition adds an increased 
level of safety by bringing in updated safety requirements, while 
allowing more flexibility in packaging. While the 2019 edition of ANSI 
N14.1 will be the required standard for new uranium hexafluoride 
packages, older packages may remain in service provided that repairs, 
markings, and periodic tests and inspections comply with the 2019 
edition. The changes to the inspection, testing, and repair 
requirements between the 2001 and 2019 editions are largely formatting 
changes, and PHMSA does not believe that the revisions will necessitate 
the removal of existing packaging from circulation. Further, by 
incorporating both the proposed editions, packages built to the 2012 
edition will be permitted in accordance with Sec.  173.420. However, 
new packages will still need to be manufactured to the 2019 standard. 
The ANSI N14.1: Uranium Hexafluoride--Packaging for Transport 2012 and 
2019 editions are available for purchase at the following websites:

 2012 Edition: https://webstore.ansi.org/standards/pcc/
ansin142012
 2019 Edition: https://webstore.ansi.org/standards/pcc/
ansin142019


[[Page 55748]]


     In paragraph (s)(1), incorporate by reference the 2018 
edition of the IAEA Regulations for the Safe Transport of Radioactive 
Material, Safety Standards Series No. SSR-6 (Rev.1), to replace the 
2012 edition, which is currently referenced in Sec. Sec.  171.22; 
171.23; 171.26; 173.415; 173.416; 173.417; 173.435; and 173.473. The 
IAEA regulations establish standards of safety for control of the 
radiation, criticality, and thermal hazards to people, property, and 
the environment associated with the transport of radioactive materials. 
Notable changes from the previous edition include clarification of 
marking requirements, a new group of surface contaminated objects (SCO-
III) for UN2913, and amendments to basic radionuclide values (activity 
of the radionuclide as listed in Sec.  173.435) for seven specific 
radionuclides (Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149 and Tb-
161). The Regulations for the Safe Transport of Radioactive Material 
are available for download and purchase in hard copy on the IAEA 
website at: https://www.iaea.org/publications/12288/regulations-for-the-safe-transport-of-radioactive-material.

B. Part 172

Section 172.101 HMT
    The HMT provides the terms and conditions governing transportation 
of hazardous materials under the HMR. For each entry, the HMT 
identifies information such as the proper shipping name, UN 
identification number, and hazard class. The HMT specifies additional 
information or reference requirements in the HMR such as hazard 
communication, packaging, quantity limits aboard aircraft, and stowage 
of hazardous materials aboard vessels. PHMSA proposes to revise the 
entry for ``UN2978, Radioactive material, uranium hexafluoride'' to 
remove the reference to Sec.  173.427, and revise the entry for 
``UN2913, Radioactive material, surface contaminated objects (SCO-I or 
SCO-II)'' to add the new SCO-III material.
    In the July 11, 2014, final rule,\9\ PHMSA added paragraph (e) to 
Sec.  173.420, which details additional shipping requirements for 
shipments of Uranium hexafluoride (UF6) and requires the UN 
number and proper shipping name--``UN2978, Radioactive material, 
uranium hexafluoride''--to be used for packages containing 0.1 kg or 
more of non-fissile or fissile-excepted UF6. Paragraph (e) 
was added to clarify that ``when there is more than one way to describe 
a UF6 shipment, the proper shipping name and UN number for 
the uranium hexafluoride should take precedence over the shipping 
description for LSA material.'' However, PHMSA inadvertently failed to 
remove the reference to Sec.  173.427 (regarding, in relevant part, 
transport requirements for LSA material) from the non-bulk and bulk 
packaging provisions in the 2014 final rule. The HMT entry for 
``UN2978'' should reference only Sec.  173.420 (regarding requirements 
for uranium hexafluoride). Compliance with the HMT as written could 
result in the use of an incorrect packaging provision, a safety concern 
that could lead to a dangerous situation. Therefore, PHMSA proposes to 
amend the entry for ``UN2978, Radioactive material, uranium 
hexafluoride'' to remove the reference to Sec.  173.427 and ensure 
proper packaging is used and safety is maintained.
---------------------------------------------------------------------------

    \9\ 81 FR 40590.
---------------------------------------------------------------------------

    Additionally, PHMSA proposes to change the parenthetical text in 
the entry for ``UN2913, Radioactive material, surface contaminated 
objects (SCO-I or SCO-II)'' to read ``(SCO-I or SCO-II or SCO-III).'' 
This change is consistent with the addition of the new SCO-III material 
discussed in this NPRM. See SECTIONS 173.403 and 173.427 of the 
Section-by-Section Review for further details on this proposed change.
Section 172.102 Special Provisions
    Section 172.102 lists special provisions applicable to the 
transportation of specific hazardous materials and contains various 
provisions including packaging requirements, prohibitions, and 
exceptions applicable to particular quantities or forms of such 
hazardous materials. PHMSA proposes to amend special provision 139 to 
remove the reference to Sec.  173.472 because in this NPRM, PHMSA 
proposes to remove Sec.  173.472 from the HMR. See Section 173.472 of 
the Section-by-Section Review for further details.
Section 172.203
    Section 172.203 prescribes additional requirements for shipping 
descriptions on shipping papers. Paragraph (d) lists information that 
must be included in the description of a Class 7 (radioactive) 
material, such as the category of label applied to a package as 
referenced in paragraph (d)(4). PHMSA proposes to revise paragraphs 
(d)(4) and (5) by adding the words ``or overpack'' to those paragraphs. 
This proposed change would allow shippers to list the label and the sum 
of the transport indices of the overpack on the shipping paper, instead 
of the individual packages. PHMSA believes that this change would 
provide cost savings without compromising safety by reducing the time 
it takes for an offeror to fill out a shipping paper. This change would 
also harmonize with the IAEA standards and account for the common use 
of overpacks for shipping Class 7 (radioactive) materials.
    Additionally, PHMSA proposes to revise paragraph (d)(6) to require 
shipping papers for shipments containing fissile Class 7 (radioactive) 
material to list the nuclides of the fissile material in the package. 
This proposed change would provide information on which fissile 
nuclides are present in the package--e.g., plutonium-239, plutonium-
241, uranium-233, or uranium-235--but would only affect shipments where 
the fissile nuclides are not listed on the shipping paper in accordance 
with the requirements of Sec.  173.433(g), and the fissile materials 
are not excepted under Sec.  173.453. As the HMR is currently written, 
it is possible that such a package could be assigned a criticality 
safety index (CSI), but have no fissile nuclides listed on the shipping 
paper as it does not meet the threshold set out in Sec.  173.433. A CSI 
is assigned to fissile materials using a calculation in 10 CFR part 71 
to provide control over the accumulation of packages, overpacks, or 
freight containers containing fissile material. As this may lead to 
confusion in transportation and possibly delay shipments, we have 
proposed this revision to paragraph (d)(6).
Section 172.310
    Section 172.310 prescribes marking requirements for packages 
containing Class 7 (radioactive) materials. Specifically, paragraph (b) 
requires that each industrial, Type A, Type B(U), or Type B(M) package 
must be legibly and durably marked on the outside of the packaging. 
PHMSA proposes to make a revision to paragraph (b) which clarifies the 
existing requirement to remove markings that do not correspond with the 
package being shipped. For example, if an offeror's package meets the 
requirements for a Type A package and radioactive materials are then 
removed, any markings identifying the package as a Type A package must 
be removed or covered. Improperly labeled packages misrepresent the 
hazard present in the package, which could lead to potentially 
dangerous situations, especially if the label underrepresents the 
hazard present. This proposed clarification will increase compliance 
and decrease the likelihood of a dangerous situation occurring, thus

[[Page 55749]]

improving the safe transportation of these packages.
    Additionally, PHMSA proposes to revise paragraph (e) to remove 
reference to Sec.  173.472 to reflect the proposal to remove Sec.  
173.472 from the HMR. See Section 173.472 of the Section-by-Section 
Review for further details.

C. Part 173

Section 173.401
    Section 173.401 contains the scope of subpart I of Part 173 of the 
HMR, including situations that are excepted from the requirements of 
subpart I. Sub-paragraph 107(d) of the IAEA regulations contains an 
exception for radioactive material in--or on--a person who is to be 
transported for medical treatment because of accidental or deliberate 
radiation intake or contamination. Currently, Sec.  173.401(b)(2) of 
the HMR provides an exception from subpart I of Part 173 for 
radioactive material implanted into people or animals for diagnosis or 
treatment, but not from contamination. Therefore, PHMSA proposes to add 
a new paragraph (b)(6) for a medical exception to Sec.  173.401, which 
would facilitate the transportation of people and their effects--such 
as clothing or other items on their person--who have been contaminated 
and need to be transported for medical treatment.
    Additionally, PHMSA proposes to revise Sec.  173.401(b)(4) to 
specify that Sec.  173.401 does not apply to all natural material and 
ores containing naturally occurring radionuclides, regardless of its 
intended use, provided the activity concentration of the material does 
not exceed 10 times the exempt material activity concentration values 
specified in Sec.  173.436, or determined in accordance with the 
requirements of Sec.  173.433. Currently, only natural material and ore 
containing naturally occurring radionuclides--which are either in their 
natural state or which have only been processed for purposes other than 
extraction of the radionuclides--are excepted from subpart I of Part 
173 in Sec.  173.401(b). Material intended to be processed for the use 
of the radionuclides may not utilize the exception. As written, the HMR 
treats identical radioactive material differently based on its intended 
use and not the hazard it presents. This change maintains the existing 
activity concentration limit of 10 times the exempt material activity 
concentration values specified in Sec.  173.436 meaning the hazard 
level of the material exempted cannot exceed what is already permitted. 
Therefore, this proposed change would harmonize with the scope of the 
IAEA regulations and reflect that the hazards of naturally occurring 
radionuclides do not differ based on the reason for processing or their 
future intended use.
Section 173.403
    Section 173.403 provides the definitions for subpart I of Part 173. 
PHMSA proposes to revise various definitions to better harmonize with 
2018 SSR-6, Rev. 1. The proposed changes are as follows:
     Add ``dose rate'' as a new definition.
     Revise the definition of ``Special form Class 7 
(radioactive) material'' to align with SSR-6, paragraph 823.
     Revise the definition of ``Low Specific Activity (LSA) 
material'' to remove the leaching prevention requirement for LSA-III 
materials.
     Revise the definition of ``Surface Contaminated Object 
(SCO)'' to include the SCO-III material introduced in this NPRM.
    The details of these proposed changes are explained below.
    Dose rate: A new definition of ``dose rate'' is being added to 
clarify the term as it is used in the HMR. In past alignment with the 
IAEA, ``dose rate'' has been used throughout the HMR as a term that was 
meant to be synonymous with ``radiation level''--and until recently, 
the two terms have been used interchangeably. However, the IAEA has 
decided to exclusively use the term ``dose rate'' specified in 2018 
SSR-6, Rev. 1. PHMSA and NRC have decided not to harmonize with that 
change because it would not result in a change in practice or safety 
but recognize that the use of two terms interchangeably without 
defining ``dose rate'' can be confusing to some readers. Therefore, to 
avoid confusion and provide greater clarity, PHMSA proposes to add a 
definition for ``dose rate'' that will reference the definition of 
``radiation level.''
    Special form Class 7 (radioactive) material: PHMSA proposes to 
revise the definition of ``Special form Class 7 (radioactive) 
material'' to align with changes adopted by the IAEA. Specifically, 
paragraph 823 of the 2018 SSR-6, Rev. 1:
     Prohibits continued use of special form radioactive 
material approved under the 1973 IAEA regulations, incorporated into 
the HMR in 1983.
     Prohibits new manufacture of special form radioactive 
material that received approval under the 1985 IAEA regulations, 
incorporated into the HMR in 1996.
     After December 31, 2025, the 2018 SSR-6, Rev. 1 prohibits 
new manufacture of special form radioactive material sources to a 
design that had received approval under the 1996 edition of the IAEA 
regulations, incorporated into the HMR in 2004.
    Under this proposal, manufacturers of designs that conform to the 
requirements of the HMR--that were effective between April 1, 1996, and 
the effective date of any final rule--may continue to use those designs 
provided they maintain a management system as required by SSR-6 (Rev. 
1) paragraph 306. Manufacturers of older designs may be able to obtain 
new competent authority approvals for these designs because there have 
been no significant changes to the special form requirements since the 
IAEA 1985 regulations. For special forms approved under the pre-1985 
IAEA requirements, no new manufacture has been authorized under the HMR 
since April 1, 1997, and those special form sources would all lack a 
quality assurance program that meets Sec.  173.476(c)(4) requirements.
    This proposed revision to the definition of ``Special form Class 7 
(radioactive) material'' would phase out the oldest special form Class 
7 (radioactive) material designs that do not meet current design 
requirements; however, it would continue to allow more recent designs 
to remain, provided a management system is maintained. This approach 
will increase safety by: (1) removing the oldest special form Class 7 
(radioactive) materials from circulation that are at a minimum 24 years 
old; and (2) adding additional safety requirements to certain designs 
that remain in use. The following table provides a summary of these 
proposed changes:

----------------------------------------------------------------------------------------------------------------
                                                               Can I continue to
         Year of design  (IAEA)            Year adopted   manufacture to this design  Can I continue to use this
                                              by DOT                 year?                      design?
----------------------------------------------------------------------------------------------------------------
1973....................................            1983  No........................  No.
1985....................................            1996  No........................  Yes.
1996....................................            2004  Yes, through December 31,   Yes.
                                                           2025.
----------------------------------------------------------------------------------------------------------------


[[Page 55750]]

    Low Specific Activity (LSA) material: PHMSA proposes to amend the 
definition of LSA material by removing the leaching prevention 
requirement for LSA-III materials and removing the reference to Sec.  
173.468. LSA is material with limited specific activity that is not 
fissile material or excepted under Sec.  173.453. Specifically, LSA-III 
is solid material--excluding powders--with an average specific activity 
that does not exceed 2x10-3 A2/g, excluding any 
shielding material. Currently, LSA-III materials must also pass a 
leaching test, and the contamination must be uniformly distributed. 
When establishing the low average specific activity limits for LSA 
material in the transport regulations, IAEA based its analysis on the 
small likelihood that, under normal conditions of transportation, a 
sufficient mass of such material could be taken into the body and 
result in a significant radiation hazard. For the 2018 SSR-6, IAEA's 
working group evaluated \10\ the need for the leaching test used to 
demonstrate that the leaching prevention requirement is met, as it had 
no apparent relevance to the inhalation risk of exposure to material 
during transportation and determined that the leaching test for LSA-III 
material did not contribute to IAEA's 50 mSv effective dose transport 
safety limit. PHMSA agrees with IAEA's findings that the leaching test 
does not enhance safety and proposes to harmonize with the 2018 SSR-6, 
Rev. 1 by removing the leaching prevention requirement from this 
section.
---------------------------------------------------------------------------

    \10\ A summary of the working group's conclusions is included in 
the rulemaking docket.
---------------------------------------------------------------------------

    Surface Contaminated Object (SCO) III: PHMSA proposes to add a new 
section to the definition for ``Surface Contaminated Objects'' to 
create a type called ``Surface Contaminated Object--III.'' This new 
form of surface contaminated object is meant for large solid objects 
(e.g., a steam generator, reactor coolant pump, pressurizer, or reactor 
head component, etc.) that cannot be transported in a package. 
Currently, such shipments require the application for--and granting 
of--a DOT special permit.\11\ This proposed change would codify the 
requirements for the transportation of these shipments and remove the 
need for a special permit, replacing it with an approval which take 
less time and require less effort from the requestor due to the 
codified requirements. This approach allows for a more efficient 
transportation environment without any decrease in safety as PHMSA will 
retain the ability to reject applications that it deems unsafe.
---------------------------------------------------------------------------

    \11\ PHMSA worked with our Canadian partners to redo a 2007 
proposal for the adoption of SCO-III material into the IAEA 
regulations. Further, PHMSA used the experience and information we 
gained from developing the special permits and--along with our 
Canadian partners--developed a new proposal for SCO-III materials. 
That proposal was submitted to the IAEA by Canada and ultimately 
accepted.
---------------------------------------------------------------------------

Section 173.410
    Section 173.410 prescribes general design requirements for packages 
used for the transportation of Class 7 (radioactive) materials. In this 
NPRM, PHMSA proposes two separate changes to this section.
    Paragraph (i) prescribes requirements for air transport only. PHMSA 
proposes to revise paragraph (i)(3) to require that all packages for 
transport by air must be able to withstand an internal pressure that 
produces a pressure differential of not less than the maximum normal 
operating pressure plus 95 kPa (13.8 psi). Because the HMR currently 
limits the provision in paragraph (i)(3) to liquid materials, this 
change would expand the requirement to all radioactive materials. This 
proposed change would not only harmonize the HMR with both the 
International Civil Aviation Organization Technical Instructions (ICAO 
TI) and IAEA regulations, but it would also increase safety by ensuring 
that all packages containing radioactive material shipped by air are 
capable of withstanding the pressure changes inherent in air transport. 
This provision has been implemented by ICAO for all international air 
carriers, and therefore PHMSA believes it is widely adopted already. 
However, we request comment on this assumption.
    PHMSA acknowledges that NRC has chosen not to harmonize with the 
2018 SSR-6, Rev. 1, and the ICAO TI by omitting the requirements of 
Sec.  173.410(i)(3) from its proposed rulemaking. NRC believes that the 
existing reduced external pressure test value--which requires packages 
to be tested to an external pressure of 25 kPa (3.5 LbF/in\2\) \12\ 
absolute--addresses air transport conditions and that Type AF and Type 
B packages are adequately robust compared to Type A packages. PHMSA 
requests comments on whether this disparity--between the PHMSA NPRM and 
the NRC NPRM--will have any negative effects on stakeholders.
---------------------------------------------------------------------------

    \12\ LbF is a unit of measurement and means ``Pounds Force.''
---------------------------------------------------------------------------

    Additionally, PHMSA proposes to add a new paragraph (j) that will 
require package manufacturers to take the effects of aging into 
consideration during the design process. The proposed new paragraph (j) 
will require the package designer to evaluate the potential degradation 
phenomena over time, such as corrosion, abrasion, fatigue, crack 
propagation, changes of material compositions or mechanical properties 
due to thermal loadings or radiation, generation of decomposition gas, 
and their impact on the functions important to safety. While PHMSA 
believes package engineers already take these factors into 
consideration when they design radioactive packages, there is no 
specific requirement related to the aging of packaging designs. The 
codification of this best practice would ensure that radioactive 
packaging designs remain safe into the future, while also harmonizing 
the HMR with the IAEA standards to facilitate uniform international 
packaging standards and, therefore, international commerce.
Section 173.415
    Section 173.415 lists the Type A packages that are authorized for 
shipment, provided that the packages do not contain quantities 
exceeding the A1 or A2 values for radionuclides 
in Sec.  173.435. Paragraph (a) specifies the DOT Specification 7A Type 
A recordkeeping requirements, and PHMSA proposes to revise three 
subparagraphs in paragraph (a) to better clarify them.
    First, PHMSA proposes to revise Sec.  173.415(a)(1) to better 
clarify ``a description of the package.'' PHMSA proposes to add 
language requiring that the report detail the radionuclide(s) tested 
for use in the package, the radionuclide(s) chemical state (i.e., 
solid, liquid, or gas), and an indication as to whether the material is 
special form. This proposed change would increase safety by ensuring 
packages are tested for the materials they contain.
    Second, PHMSA proposes to add language in Sec.  173.415(a)(1)(i) to 
require test reports to describe how the test conditions met the 
requirements of Sec.  173.461(a)(1). Section 173.461 describes the 
methods that can be used to demonstrate compliance with the tests 
required for Type A packages in Sec.  173.465. Specifically, paragraph 
(a)(1) allows testing to be done with prototypes or samples of 
specimens representing LSA-III special form Class 7 (radioactive) 
material or packaging, in which case the contents of the packaging for 
the test must simulate as closely as practicable the expected range of 
physical properties of the radioactive contents or packaging to be 
tested. It also encourages testers to use non-radioactive materials 
when testing. Due to this flexibility, PHMSA proposes a requirement for 
testers to describe

[[Page 55751]]

specifically how the test was carried out so that it can easily be 
determined if the package in question is acceptable for its intended 
contents. This increased transparency in the testing process will have 
a positive effect on safety by allowing investigators to better 
understand the testing that took place and determine if it was 
performed correctly. Furthermore, PHMSA also proposes to add a 
reference to Sec.  173.412(j) in Sec.  173.415(a)(1)(i) to further 
clarify that the records maintained must show compliance with Sec.  
173.412(j). These proposed changes will provide greater clarity by 
removing the need for package manufacturers to interpret a ``detailed 
description.''
    Third, PHMSA proposes to revise Sec.  173.415(a)(2) to allow 
offerors who obtained packagings from a packaging manufacturer--and 
were provided with a certification for those packagings--the option to 
contact the packaging manufacturer and have the packaging manufacturer 
send the documents required in paragraph (a)(1) to DOT, rather than 
requiring the offeror to maintain the documents required by paragraph 
(a)(1) on file. This proposed change would conform to PHMSA's stated 
intent in the 2014 final rule.\13\ Additionally, PHMSA proposes to 
revise the language in paragraph (a)(2) to require certification that 
the packaging meets all the requirements of Sec. Sec.  173.403, 
173.410, 173.412, 173.465, and, if applicable, Sec.  173.466, instead 
of Sec.  178.350. Section 178.350 requires packagings to meet the 
requirements of those listed sections. These proposed changes will 
clarify the specific requirements that PHMSA expects packaging 
manufacturers certify their packagings to.
---------------------------------------------------------------------------

    \13\ 79 FR 40589 (July 11, 2014).
---------------------------------------------------------------------------

Section 173.417
    Section 173.417 provides a list of authorized fissile materials 
packages. PHMSA proposes to add a new subparagraph (a)(2)(ii) for the 
import and export of fissile material packages that meet the 
requirements of paragraph 674 of SSR-6, and to reorganize paragraph (a) 
to more clearly outline when the various packagings are allowed. 
Paragraph 674 provides criteria by which fissile material may be 
transported using a package design that does not require certification 
by a competent authority to contain fissile material. Rather, if the 
mass of fissile nuclides is limited to the quantities specified in 
paragraph 674 and the package meets the performance criteria noted in 
paragraph 674(a)-(c), then the package would be safe for transport 
subject to criticality safety index accumulation control. PHMSA 
proposes to add language to highlight and clarify the acceptable use of 
this IAEA exception by listing it in the authorized fissile material 
packages section. This change will align PHMSA with the IAEA standards 
and provide a way for packages that meet these criteria to be shipped 
to and from the US.
Section 173.420
    Section 173.420 prescribes requirements for transportation of 
uranium hexafluoride (fissile, fissile-excepted, and non-fissile). 
PHMSA proposes to add a new paragraph (f) to direct offerors who are 
shipping more than 0.1 kg of non-fissile or fissile-excepted uranium 
hexafluoride to Sec.  173.477. This proposed change would aid offerors 
in finding the specific requirements for their materials in the HMR, 
thus increasing compliance and safety. Separately, PHMSA proposes to 
provide an additional reader's aid by adding an incorporation by 
reference notation to ANSI N14.1 in this section. PHMSA has also 
proposed to update the ANSI N14.1 standards incorporated by reference 
in section 171.7. For further information see SECTION 171.7 above.
Section 173.424
    Section 173.424 provides an exception from specification packaging, 
labeling, marking (except for the UN identification number marking 
requirement described in Sec.  173.422(a)), and--if not a hazardous 
substance or hazardous waste--shipping papers, and the requirements of 
subpart I (Class 7 (Radioactive) Materials) provided all the conditions 
in the section are met. PHMSA proposes to revise paragraph (h) of this 
section to make it consistent with a change made to Sec.  173.421 in a 
previous final rule.\14\ This proposed change would revise the section 
reference from Sec.  173.426 to Sec.  173.453 and remove the exception 
for shipments of up to 15 grams of uranium-235. The revised paragraph 
would allow for any of the exceptions provided in Sec.  173.453--
including two new ones proposed in this NPRM--to be utilized when 
shipping fissile material as excepted packages. While these exceptions 
are more stringent than the flat limit of 15 grams of uranium-235, they 
allow for multiple volumes from 1 to 180 grams of fissile material--not 
only uranium-235--to utilize the excepted packages provisions in this 
section.
---------------------------------------------------------------------------

    \14\ 70 FR 56083 (Sept. 23, 2005).
---------------------------------------------------------------------------

Section 173.427
    Section 173.427 provides transport requirements for LSA and SCO 
materials. Currently, offerors must obtain a special permit to ship 
materials that meet the new definition of SCO-III. PHMSA proposes to 
revise this section to add the limits for the newly created SCO-III 
material. This proposed change would revise the HMR to clearly state 
the requirements for shipping SCO-III materials without the need for a 
company to obtain a special permit. Instead, a company will apply for a 
less burdensome approval. This process will still require PHMSA to 
review the requestor's transport plan to ensure it is safe and within 
the requirements of the HMR, thus maintaining the level of safety 
achieved by the current system. This proposed change would also align 
the HMR with IAEA requirements.
    In order to revise the HMR as described above, PHMSA proposes to 
redesignate current paragraph (d) as paragraph (e), redesignate current 
paragraph (e) as paragraph (f), and create a new paragraph (d) that 
will list the requirements for the transport of SCO-III material. PHMSA 
also proposes to require approval by the Associate Administrator of 
Hazardous Materials Safety for SCO-III shipments; therefore, paragraph 
(d)(6) would prescribe the approval application requirements for SCO-
III shipments. In addition, PHMSA proposes to amend paragraphs (a)(2) 
and (a)(6)(i) to provide exceptions for SCO-III material that cannot 
meet the transport requirements outlined in these provisions because of 
its large physical size, provided certain provisions are included in 
the shipment's transport plan.
Section 173.431
    Section 173.431 contains the activity limits for Type A and Type B 
packages. In this NPRM, PHMSA proposes to revise paragraph (b) by 
removing references to Sec. Sec.  173.416, 173.417, and 173.472. First, 
PHMSA proposes to remove Sec.  173.472 in this NPRM as an editorial 
edit following deletion in the HM-250 final rule--therefore the 
reference to Sec.  173.472 is no longer applicable.\15\ See SECTION 
173.472 of the Section-by-Section Review for further details. Second, 
PHMSA proposes to remove reference to Sec. Sec.  173.416 and 173.417 as 
they are no longer relevant to the activity limits for Type B packages 
after the various DOT Type B packages were previously phased out. The 
phaseout began in 2004 with the publication of the HM-230

[[Page 55752]]

final rule \16\ and was completed by October 1, 2008.
---------------------------------------------------------------------------

    \15\ 79 FR 40589 (July 11, 2014).
    \16\ 69 FR 3631 (Jan. 26, 2004).
---------------------------------------------------------------------------

Section 173.433
    Section 173.433 prescribes requirements for determining basic 
radionuclide values and for listing radionuclides on shipping papers 
and labels. PHMSA proposes to add a new paragraph (i) that would allow 
stakeholders to request an approval to allow certain instruments or 
articles to have an alternative activity limit for what is considered 
an exempt material instead of those found in the table in Sec.  
173.436. Alternative exemption limits of material contained within 
instruments or articles may be justified when it is shown that the 
construction and design of the item itself provides containment and 
shielding of the radionuclide--in both routine and adverse conditions 
of transport--to minimize risks. An alternative activity limit would 
allow for Class 7 materials transported as component parts of an 
instrument or article to be shipped as an exempt material provided both 
PHMSA and--for international shipments--other competent authorities 
approve. Currently, this practice is permissible only via special 
permit. However, the 2018 SSR-6, Rev. 1 codified language to allow a 
shipper who transports Class 7 (radioactive) material internationally 
to request this exemption. The IAEA requires multilateral approval for 
an alternative activity limit shipment meaning an offeror must obtain a 
competent authority approval from the design or shipment origin country 
as well as any country the shipment will be transported through or 
into. PHMSA believes alignment of the HMR with the 2018 SSR-6, Rev. 1 
would facilitate international trade and--in fact--U.S. companies may 
be at a domestic disadvantage if PHMSA were to not adopt this change 
into the HMR.
Section 173.435
    Section 173.435 lists the A1 and A2 values 
for the most commonly transported radionuclides in the ``Table of 
A1 and A2 values for radionuclides.'' 
A1 and A2 values are used in the international 
and domestic transportation regulations to specify the amount of 
radioactive material that is permitted to be transported in a 
particular packaging.
    PHMSA proposes to revise the table by adding seven new 
radionuclides--Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149, and Tb-
161)--that the NRC has indicated there is an increased need to ship 
(e.g., Ba-135m and Ge-69 for medical uses, etc.). Without provided 
values for these radionuclides, the general values given in tables 7 
and 8 must be used, which could significantly impact the ability to 
transport these radionuclides by either necessitating decay prior to 
shipment, the use of multiple Type A Packages, or the use of Type B 
packages, as well as leading to possible miscommunication of the 
relative hazards. PHMSA has determined these new activity limits are 
safe for transportation in specification Type A packaging. This 
proposed change would provide a cost savings to offerors of these newly 
added radionuclides without a reduction in safety. Adding these seven 
new radionuclides will also provide increased clarity about the 
products shipped, which will increase safe transport and shipment of 
these radionuclides.
    PHMSA also proposes to make an editorial change to the specific 
activity values for Rb(nat). Currently, the specific activity values of 
6.7 x 10-10 TBq/g and 1.8 x 10-8 Ci/g incorrectly 
use an underscore to represent the negative sign. In this NPRM, we are 
proposing to revise the specific activity values to correctly show the 
appropriate negative sign.
Section 173.436
    Section 173.436 specifies the nuclide-specific exemption 
concentrations and the nuclide-specific exemption-consignment activity 
limits for radionuclides. As noted above, in order to align with the 
2018 SSR-6, Rev. 1, PHMSA proposes to add seven new radionuclides to 
this table (Ba-135m, Ge-69, Ir-193m, Ni-57, Sr-83, Tb-149, and Tb-161). 
Without provided values for these radionuclides, the general values 
given in table 8 must be used, which could significantly impact the 
ability to transport these radionuclides by either necessitating decay 
prior to shipment, the use of multiple Type A Packages, or the use of 
Type B packages.
    Additionally, PHMSA proposes to clarify footnote ``b'' of Sec.  
173.436 per table 2 to state that in the case of Th-natural, the parent 
nuclide is Th-232; and in the case of U-natural, the parent nuclide is 
U-238. This information is not clearly communicated in the footnote as 
currently written and may cause frustration in the interpretation of 
the HMR.
Section 173.443
    Section 173.443 specifies contamination control limits. PHMSA 
proposes to revise paragraph (c) to reference the new paragraph (d) 
proposed in Sec.  173.427. This change would amend the requirement for 
each conveyance, overpack, freight container, tank, or intermediate 
bulk container--used for transporting Class 7 (radioactive) materials 
as an exclusive use shipment--to be surveyed with appropriate radiation 
detection instruments after each exclusive use transport to include the 
new SCO-III materials. By adding the reference to Sec.  173.427(d), 
PHMSA is applying the existing contamination control requirements to 
the new SCO-III materials. This proposed change would ensure that any 
conveyance used to transport SCO-III material is properly surveyed and 
decontaminated before returning to general service, and would harmonize 
with the IAEA standards, thus ensuring conveyances may easily continue 
on in international service safely.
Section 173.447
    Section 173.447 specifies the general requirements for temporary 
storage of Class 7 (radioactive) material during the course of 
transportation. In 2002--in the HM-230 NPRM \17\--the Research and 
Special Programs Administration (RSPA), PHMSA`s precursor agency, 
proposed to move certain requirements in Sec.  173.447 to Sec.  
173.441(d)(3). These requirements included a limit of 50 on the sum of 
transport indexes of groups of packages while in storage incidental to 
transportation, and distancing requirements of at least 6 meters or 20 
feet. The paragraph enacting those changes was inadvertently omitted in 
the HM-230 final rule.\18\ These values have been in place in the IAEA 
and other sections of the HMR for over 30 years. Therefore, PHMSA 
proposes to reinstate the limit on the sum of transport indexes of a 
group of packages and distancing requirements while in storage 
incidental to transport as paragraph (b) in Sec.  173.447.
---------------------------------------------------------------------------

    \17\ 67 FR 21327 (Apr. 30, 2002).
    \18\ 69 FR 3631 (Jan. 26, 2004).
---------------------------------------------------------------------------

    The proposed requirements are consistent with the various modal 
sections of the HMR. For example, parts 174 and 177 for railroad and 
highway transportation, respectively, both require that shippers keep 
any single group of Class 7 (radioactive) packages in any storage 
location limited to a total transport index number of 50. Similarly, 
the requirements for air transportation in Sec.  175.700 and vessel 
transportation in Sec.  176.704 limit the transportation index to 50 on 
passenger aircraft or in freight containers. Additionally, all modes of 
transportation require Class 7 (radioactive) materials to maintain a 
certain distance from animals, people,

[[Page 55753]]

or other Class 7 (radioactive) materials. For example, part 177 
requires the proposed distance requirements of 6 meters or 20 feet 
between groups of packages. These proposed requirements in Sec.  
173.447 for total transport index and distancing would help to ensure 
the safety of those who store and handle Class 7 (radioactive) 
materials.
Section 173.448
    Section 173.448 contains general transportation requirements for 
Class 7 (radioactive) materials. PHMSA proposes to revise this section 
to require overpacks to have the consignor and/or consignee marked on 
the outside of the overpack if it cannot be seen on the packages. This 
proposed change would reduce confusion and increase safety by 
identifying the consignee and consignor marking requirements on the 
outside of the overpack if they cannot be seen on the individual 
packages in the overpack.
Section 173.453
    Section 173.453 contains provisions that allow a material to be 
excepted from some requirements for fissile materials. PHMSA proposes 
to add a sentence to paragraph (d) that would require materials 
utilizing that exception to have fissile material that is distributed 
homogenously and that does not form a lattice arrangement. Uranium 
enriched to less than five percent (5%) by weight is most reactive when 
it is in a heterogeneous configuration. For uranium enriched to not 
more than one percent (1%), a large heterogeneous system or lattice 
arrangement would be required for a material utilizing this exception 
to approach criticality. This proposed change would align the HMR with 
the current NRC and IAEA requirements and ensure the safe transport of 
such fissile material.
    Additionally, PHMSA proposes to add a new paragraph (g) that would 
provide a new exception for up to 3.5 grams of uranium-235 where the 
uranium-235 is not more than five percent (5%) of the material. This 
new exception is comparable to the 49 CFR 173.453(a) exemption limit of 
up to 2.0 grams of fissile material per package. The additional neutron 
absorption provided by uranium-238 in 5.0 weight percent enriched 
uranium compensates for the additional 1.5 grams of uranium-235 mass 
(i.e., up to 3.5 grams uranium-235 per package), when compared to the 
49 CFR 173.453(a) limit of 2.0 grams. This proposed change would align 
the HMR with the changes that NRC has identified in the Regulatory 
Basis for NRC Docket 2016-0179. It would also align the HMR with the 
IAEA standards--but without the consignment limit in SSR-6 paragraph 
570(c)--and allow the increased transport of uranium-235 without any 
additional impacts on safety. PHMSA has decided not to adopt the 
consignment limit. The amount of fissile material allowed by this 
proposed provision would be similar to the existing exception in 49 CFR 
173.453(a)in terms of reactivity. In addition, the consignment limit of 
SSR-6 paragraph 570(c) does not affect the accumulation of packages on 
a transport conveyance because there is no limit to the number of 
consignments that may be present on a single conveyance.
    Finally, PHMSA proposes to add a new paragraph (h) that will 
provide an exception for up to 140 grams of fissile nuclides when 
shipped under exclusive use. This proposed change would align the HMR 
with the changes that NRC has identified in the Regulatory Basis for 
NRC Docket 2016-0179, by adopting a modified version of a 45-gram 
exception in SSR-6. In evaluating this new exception, NRC staff 
determined that the IAEA SSR-6 45-gram exception was unnecessarily 
conservative--45 grams represents about one eighth of the consensus 
minimum subcritical mass value for plutonium-239 moderated by water. 
NRC staff also determined that a mass value higher than that contained 
in IAEA SSR-6 paragraph 417(e) is justified, given the conservatism 
inherent in the exclusive use restriction of the SSR-6 provision, and 
because plutonium-239 would have to be shipped in a Type B package that 
withstands hypothetical accident conditions. Therefore, PHMSA and NRC 
propose a limit of 140 grams of fissile material. When determining the 
proposed limit, NRC considered uranium-235 rather than plutonium-239, 
as any amount of plutonium-239 over 0.435 grams is considered Type B, 
which would have to be packaged to withstand both normal and 
hypothetical accident conditions of transport. This limit is based on 
one-fifth of a consensus minimum critical mass of uranium-235 under 
optimum conditions. This mass represents a conservative limit for 
fissile material, because five times this amount would remain 
subcritical under any conditions. PHMSA and NRC anticipate that 
shipments utilizing this exception would be used primarily for domestic 
transportation (e.g., decommissioning activities where contaminated 
items or small quantities of fissile material would be shipped for 
disposal), and only rarely for international shipments. In the rare 
instances where international shipments under this exemption provision 
are necessary, shippers would have to be aware of this difference and 
ship under the lower limit in IAEA SSR-6 paragraph 417(e).
Section 173.465
    Section 173.465 contains the test requirements for Type A 
packaging. Specifically, paragraph (c) contains the free drop test 
requirements. In response to a request from the U.S. Department of 
Energy (DOE), PHMSA proposes to revise paragraph (c) to clarify that 
the free drop test required by paragraph (c)(2) is applicable only to 
fissile material rectangular packages not exceeding 50 kg and fissile 
material cylindrical packages not exceeding 100 kg. This proposed 
change would align the HMR with the similar NRC requirement in 10 CFR 
71.71(c)(8), which was modified in a previous final rule.\19\ NRC 
agreed with a comment to that rule that for a large and heavy package, 
it is considered highly implausible for a package to undergo a one-foot 
corner drop as a normal condition of transport, and that only a free 
drop with the package in its normal orientation should be specified as 
a normal condition of transport for large and heavy packages. NRC 
removed the corner drop test for fiberboard, wood, or fissile material 
rectangular packages weighing more than 50 kg (110 lbs.), and for 
fissile material cylindrical packages weighing more than 100 kg (220 
lbs.). PHMSA agrees with NRC's determination and expects that the 
proposed change will provide cost savings to packaging manufacturers 
without reducing safety.
---------------------------------------------------------------------------

    \19\ 60 FR 50248 (Sep. 28, 1995).
---------------------------------------------------------------------------

Section 173.468
    Section 173.468 contains the requirements for the leaching test 
required for LSA-III materials in Sec.  173.403. As stated in the 
Section-by-Section discussion for Sec.  173.403, PHMSA proposes to 
remove the leaching test requirement. Therefore, PHMSA proposes to 
remove and reserve Sec.  173.468 in its entirety as it would no longer 
be necessary.
Section 173.472
    Section 173.472 provides the requirements for exporting DOT 
specification Type B packages. This section is no longer necessary 
because the HM-250 final rule \20\ amended Sec. Sec.  173.416 and 
173.417 to remove the paragraphs that authorized use of DOT 
specification Type B and fissile material packages. Therefore, PHMSA 
proposes

[[Page 55754]]

to remove and reserve this section in its entirety.
---------------------------------------------------------------------------

    \20\ 79 FR 40589 (Jul. 11, 2014).
---------------------------------------------------------------------------

Section 173.475
    Section 173.475 contains the general quality control requirements 
for packages authorized to contain Class 7 (radioactive) materials. In 
this section, PHMSA proposes to add a new paragraph (j) that would 
require offerors and shippers to assure that packages or overpacks have 
been properly maintained while in storage before using those packages 
to transport Class 7 (radioactive) materials. This new paragraph would 
require that packages are maintained properly while in storage, thus 
increasing safety by reducing the likelihood that a package would fail 
while in transportation. PHMSA expects that there will be safety 
benefits to packages that are properly maintained in storage. This 
proposed change would align with the 2018 SSR-6, Rev. 1.

D. Part 174

Section 174.750
    Section 174.750 contains the requirements for rail incidents that 
involve a hazardous materials leak. PHMSA proposes to revise paragraph 
(a) to reference Sec.  173.443(e) when a leak of Class 7 (radioactive) 
materials occurs. Section 173.443(e) specifies the steps that must be 
taken when a leak of Class 7 (radioactive) materials occurs. These 
steps include limiting access to the package or conveyance, determining 
the resultant radiation level of the package or conveyance, and--if 
applicable--additional steps for the protection of persons, property, 
and the environment. This proposed change would provide clarification 
and ensure that the contamination control requirements for Class 7 
materials are more easily accessible to rail carriers.

E. Part 175

Section 175.705
    Section 175.705 contains the requirements for air carriers in the 
event of radioactive contamination. PHMSA proposes to revise paragraph 
(b) to reference Sec.  173.443(e) when a leak occurs of Class 7 
(radioactive) materials. Section 173.443(e) specifies the steps that 
must be taken when a leak of Class 7 (radioactive) materials occurs. 
These steps include limiting access to the package or conveyance, 
determining the resultant radiation level of the package or conveyance, 
and--if applicable--additional steps for the protection of persons, 
property, and the environment. This proposed change would provide 
clarification and ensure that the contamination control requirements 
for Class 7 materials are more easily accessible to air carriers.

F. Part 176

Section 176.715
    Section 176.715 contains the requirements for contamination control 
aboard vessels. PHMSA proposes to revise Sec.  176.715 to reference 
Sec.  173.443(e) when a leak occurs of Class 7 (radioactive) materials. 
Section 173.443(e) specifies the steps that must be taken when a leak 
of Class 7 materials occurs. These steps include limiting access to the 
package or conveyance, determining the resultant radiation level of the 
package or conveyance, and--if applicable--additional steps for the 
protection of persons, property, and the environment. This proposed 
change would provide clarification and ensure that the contamination 
control requirements for Class 7 materials are more easily accessible 
to vessel carriers.

G. Part 177

Section 177.843
    Section 177.843 contains requirements in the event of a motor 
vehicle becoming contaminated. PHMSA proposes to revise paragraph (c) 
to reference Sec.  173.443(e) when a leak occurs of Class 7 
(radioactive) materials. Section 173.443 (e) specifies the steps that 
must be taken when a leak of Class 7 materials occurs. These steps 
include limiting access to the package or conveyance, determining the 
resultant radiation level of the package or conveyance, and--if 
applicable--additional steps for the protection of persons, property, 
and the environment. This proposed change would provide clarification 
and ensure that the contamination control requirements for Class 7 
materials are more easily accessible to motor vehicle carriers.

VI. Regulatory Analyses and Notices

A. Statutory/Legal Authority

    This NPRM is published under the authority of Federal Hazardous 
Materials Transportation Act (HMTA; 49 U.S.C. 5101-5127). Section 
5103(b) of the HMTA authorizes the Secretary of Transportation to 
prescribe regulations for the safe transportation of hazardous 
materials in intrastate, interstate, and foreign commerce. The 
Secretary's section 5103(b) authority includes the authority to 
prescribe regulations to provide for security in such transportation. 
Additionally, 49 U.S.C. 5120 authorizes the Secretary to consult with 
interested international authorities to ensure that, to the extent 
practicable, regulations governing the transportation of hazardous 
materials in commerce are consistent with the standards adopted by 
international authorities. The Secretary has delegated the authority 
granted in the HMTA to the PHMSA Administrator pursuant to 49 CFR 
1.97(b).

B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866 (``Regulatory Planning and Review'') \21\ 
requires agencies to regulate in the ``most cost-effective manner,'' to 
make a ``reasoned determination that the benefits of the intended 
regulation justify its costs,'' and to develop regulations that 
``impose the least burden on society.'' Similarly, DOT Order 2100.6A 
(``Policies and Procedures for Rulemakings'') requires that PHMSA 
rulemaking actions include ``an assessment of the potential benefits, 
costs, and other important impacts of the regulatory action,'' and (to 
the extent practicable) the benefits, costs, and any significant 
distributional impacts, including any environmental impacts.
---------------------------------------------------------------------------

    \21\ 58 FR 51735 (Oct. 4, 1993).
---------------------------------------------------------------------------

    Executive Order 12866 and DOT Order 2100.6A require that PHMSA 
submit ``significant regulatory actions'' to the Office of Management 
and Budget (OMB) for review. This rulemaking is not considered a 
significant regulatory action under section 3(f) of Executive Order 
12866 and, therefore, was not formally reviewed by OMB. This rulemaking 
is also not considered a significant rule under DOT Order 2100.6A.
    The following is a brief summary of costs, savings, and net 
benefits of some of the amendments proposed in this notice. PHMSA has 
developed a more detailed analysis of these costs and benefits in the 
preliminary regulatory impact analysis (PRIA), a copy of which has been 
placed in the docket.\22\ PHMSA seeks public comment on its proposed 
revisions to the HMR and the preliminary cost and benefit analyses in 
the PRIA.
---------------------------------------------------------------------------

    \22\ The PRIA is available in the regulatory docket (Docket ID: 
PHMSA-2018-0081) at www.regulations.gov.
---------------------------------------------------------------------------

    PHMSA proposes to amend the HMR to maintain alignment with 
international regulations and standards and to make regulatory 
amendments identified through internal regulatory review processes to 
update, clarify, correct, or streamline certain regulatory requirements 
applicable to the transportation of Class 7 (radioactive) materials. 
These amendments would maintain the continued high level of

[[Page 55755]]

safety in the transportation of hazardous materials while producing a 
net cost savings.
    PHMSA quantifies $57,000 \23\ in net cost savings over a 10-year 
period from the incorporation of approximately 50 \24\ existing special 
permits through the proposed amendments to add SCO-III material and to 
allow stakeholders to request an approval to allow certain instruments 
or articles to have an alternative activity limit for what is 
considered an exempt material. Under the proposal, these special 
permits would no longer be needed for shippers and transporters of 
radioactive materials to comply with the HMR, eliminating the burden of 
renewal. The following estimates do not include the non-monetized and 
qualitative cost/cost savings discussed in the PRIA. The following 
Table 6.1 from the PRIA presents a summary of monetized impacts that 
contribute to PHMSA's estimation of quantified net cost savings.
---------------------------------------------------------------------------

    \23\ The total cost savings is calculated using 2016 dollars.
    \24\ This number is based on an estimation by subject matter 
experts from the Office of Hazardous Materials Safety.

                                 Table 6.1--Proposed Special Permit Cost Savings
                 [Total cost savings in 2021 dollars over 10 years at 3% and 7% discount rates]
----------------------------------------------------------------------------------------------------------------
                                                                                    Discounted      Discounted
                              Year                                 Undiscounted     cost saving    cost savings
                                                                   cost savings        (3%)            (7%)
----------------------------------------------------------------------------------------------------------------
2023............................................................        $6,886.1        $6,490.8        $6,014.6
2024............................................................         6,886.1         6,301.7         5,621.1
2025............................................................         6,886.1         6,118.2         5,253.3
2026............................................................         6,886.1         5,940.0        4,4909.7
2027............................................................         6,886.1         5,767.0         4,588.5
2028............................................................         6,886.1         5,599.0         4,288.3
2029............................................................         6,886.1         5,435.9         4,007.8
2030............................................................         6,886.1         5,277.6         3,745.6
2031............................................................         6,886.1         5,123.9         3,500.5
2032............................................................         6,886.1         4,974.6         3,271.5
                                                                 -----------------------------------------------
    Total.......................................................        68,860.7        57,028.7        45,200.8
----------------------------------------------------------------------------------------------------------------
Annualized......................................................  ..............         6,685.5         6,435.6
----------------------------------------------------------------------------------------------------------------

    PHMSA describes additional provisions in the PRIA for which PHMSA 
was unable to monetize their cost savings impacts, but instead provides 
a qualitative discussion. Additional potential benefits identified in 
this NPRM include enhanced safety resulting from the consistency of 
domestic and international requirements for transportation of 
radioactive materials and streamlining regulatory compliance for 
shippers engaged in domestic and international commerce, including 
trans-border shipments within North America. In addition, the proposed 
changes should permit continued access to foreign markets by domestic 
shippers of radiopharmaceuticals and other radioactive materials. While 
information gaps prevent quantification of cost savings for these 
items, PHMSA believes that they streamline unnecessary requirements or 
provide additional flexibility, while maintaining the same high level 
of safety in the transportation of hazardous materials.
    As noted in Table 6.1, PHMSA estimates annualized net cost savings 
of approximately $6,700 at a 3% discount rate. Please see the PRIA in 
the regulatory docket for additional detail and a description of 
PHMSA's methods and calculations. PHMSA encourages interested parties 
to provide information and quantitative data relevant to the proposals 
in this notice and the associated costs and benefits described in the 
preliminary regulatory evaluation for this rulemaking.

C. Executive Order 13132

    PHMSA analyzed this rulemaking in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism'') \25\ 
and its implementing Presidential Memorandum (``Preemption'').\26\ 
Executive Order 13132 requires agencies to assure meaningful and timely 
input by state and local officials in the development of regulatory 
policies that may have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
---------------------------------------------------------------------------

    \25\ 64 FR 43255 (Aug. 4, 1999).
    \26\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

    The proposed rule would not have substantial direct effects on the 
States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government. The Federal hazardous materials 
transportation law contains an express preemption provision at 49 
U.S.C. 5125(a) that preempts State, local, and Tribal requirements if: 
(1) compliance with such requirement makes compliance with the DOT 
regulations issued under the authority of the Federal hazardous 
materials transportation law not possible; or (2) compliance with such 
requirement is an obstacle to carrying out a regulation prescribed 
under the authority of the Federal hazardous materials transportation 
law. The Federal hazardous materials transportation law also contains 
an express preemption provision at 49 U.S.C. 5125(b) that preempts 
State, local, and Tribal requirements on certain covered subjects, 
unless the non-Federal requirements are ``substantively the same'' as 
the Federal requirements, including the following:
    (1) The designation, description, and classification of hazardous 
material;
    (2) The packing, repacking, handling, labeling, marking, and 
placarding of hazardous material;
    (3) The preparation, execution, and use of shipping documents 
related to hazardous material and requirements related to the number, 
contents, and placement of those documents;
    (4) The written notification, recording, and reporting of the 
unintentional release in transportation of hazardous material; and

[[Page 55756]]

    (5) The design, manufacture, fabrication, inspection, marking, 
maintenance, recondition, repair, or testing of a packaging or 
container represented, marked, certified, or sold as qualified for use 
in transporting hazardous material in commerce.
    This proposed rule addresses covered subject items (1), (2), (3), 
and (5) and would preempt any State, local, and Tribal requirements not 
meeting the ``substantively the same'' standard. Any preemption results 
directly from operation of 49 U.S.C. 5125. In addition, in this 
instance, the preemptive effect of the proposed rule is limited to the 
minimum level necessary to achieve the objectives of the hazardous 
materials transportation law under which the final rule is promulgated. 
Therefore, the consultation and funding requirements of Executive Order 
13132 do not apply.

D. Executive Order 13175

    PHMSA analyzed this rulemaking in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments'') \27\ and DOT Order 
5301.1 (``Department of Transportation Policies, Programs, and 
Procedures Affecting American Indians, Alaska Natives, and 
Tribes'').\28\ Executive Order 13175 and DOT Order 5301.1 require DOT 
Operating Administrations to assure meaningful and timely input from 
Native American Tribal government representatives in the development of 
rules that significantly or uniquely affect Tribal communities by 
imposing ``substantial direct compliance costs'' or ``substantial 
direct effects'' on such communities or the relationship and 
distribution of power between the federal government and Native 
American Tribes.
---------------------------------------------------------------------------

    \27\ 65 FR 67249 (Nov. 9, 2000).
    \28\ Available at DOT Order 5301.1 American Indians/Alaska 
Natives/Tribes [bond] US Department of Transportation.
---------------------------------------------------------------------------

    PHMSA assessed the impact of the rulemaking and determined that it 
would not significantly or uniquely affect Tribal communities or Native 
American Tribal governments. The changes to the HMR proposed in this 
NPRM would have broad, national scope. PHMSA does not expect this 
rulemaking would significantly or uniquely affect Tribal communities, 
impose substantial compliance costs on Native American Tribal 
governments, or mandate Tribal action. And because PHMSA expects the 
rulemaking would not adversely affect the safe transportation of 
hazardous materials generally, PHMSA does not expect it would entail 
disproportionately high adverse risks for Tribal communities. For these 
reasons, the funding and consultation requirements of Executive Order 
13175 and DOT Order 5301.1 to apply. However, PHMSA solicits comment 
from Native American Tribal governments and communities on potential 
impacts of the proposed rulemaking.

E. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
agencies to review proposed regulations to assess their impact on small 
entities, unless the agency head certifies that a proposed rulemaking 
will not have a significant economic impact on a substantial number of 
small entities including small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations under 50,000. 
The Regulatory Flexibility Act directs agencies to consider exceptions 
and differing compliance standards for small businesses, where possible 
to do so and still meet the objectives of applicable regulatory 
statutes. Executive Order 13272 (``Proper Consideration of Small 
Entities in Agency Rulemaking'') \29\ requires agencies to establish 
procedures and policies to promote compliance with the Regulatory 
Flexibility Act and to ``thoroughly review draft rules to assess and 
take appropriate account of the potential impact'' of the rules on 
small businesses, governmental jurisdictions, and small organizations. 
The DOT posts its implementing guidance on a dedicated web page.\30\
---------------------------------------------------------------------------

    \29\ 67 FR 53461 (Aug. 16, 2002).
    \30\ DOT, ``Rulemaking Requirements Related to Small Entities,'' 
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
---------------------------------------------------------------------------

    This proposed rulemaking has been developed in accordance with 
Executive Order 13272 and with DOT's procedures and policies to promote 
compliance with the Regulatory Flexibility Act to ensure that potential 
impacts of draft rules on small entities are properly considered. This 
proposed rule facilitates the transportation of hazardous materials in 
international commerce by providing consistency with international 
standards. It applies to offerors and carriers of hazardous materials, 
some of whom are small entities, such as suppliers, packaging 
manufacturers, distributors, and training companies. As discussed in 
the PRIA, the amendments in this proposed rule would result in net cost 
savings and streamline regulatory compliance for shippers engaged in 
domestic and international commerce, including transborder shipments 
within North America. PHMSA has identified six provisions proposed in 
the NPRM that may incur costs however as explained in the PRIA it does 
not believe these costs will be significant. Additionally, the 
proposals in this notice would allow U.S. companies, including small 
entities competing in foreign markets, to comply, to the maximum extent 
possible, with a single system of regulations. The proposals would also 
maintain the high level of safety in the transport of hazardous 
materials. Therefore, PHMSA tentatively certifies that these amendments 
will not, if adopted, have a significant economic impact on a 
substantial number of small entities. However, PHMSA solicits comments 
on the anticipated economic impacts to small entities and which 
entities will be affected.

F. Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), 
no person is required to respond to an information collection unless it 
has been approved by the Office of Management and Budget (OMB) and 
displays a valid OMB control number. Pursuant to 44 U.S.C. 
3506(c)(2)(B) and 5 CFR 1320.8(d), PHMSA must provide interested 
members of the public and affected agencies with an opportunity to 
comment on information collection and recordkeeping requests.
    PHMSA has analyzed this NPRM in accordance with the Paperwork 
Reduction Act. PHMSA currently accounts for shipping paper burdens 
under OMB Control Number 2137-0034, ``Hazardous Materials Shipping 
Papers and Emergency Response Information.'' PHMSA proposes two 
amendments in this NPRM that may impact burden accounted for in OMB 
Control Number 2137-0034. The first is the proposed revision to Sec.  
172.203(d) to allow a shipper to list the label type and transport 
index of an overpack on the shipping paper, instead of for the 
individual packages contained in the overpack. The second is the 
proposed requirement for a shipper to list the nuclide names for 
fissile Class 7 (radioactive) material on the shipping paper even if it 
is not required for the package in accordance with Sec.  172.203. PHMSA 
expects the proposed change regarding an overpack's transport index 
will result in an overall reduction in burden while the nuclides 
proposed change will result in a small increase in burden. PHMSA 
analyzed these proposals and expects the impact to the

[[Page 55757]]

overall annual burden will be negligible in relation to the total 
number of burden hours currently associated with this information 
collection because PHMSA anticipates that the proposed change which 
will increase burden will affect less than 10 shipments per year. PHMSA 
seeks comment on any expected cost of the proposed change requiring a 
shipper to list nuclide names.
    PHMSA accounts for burden associated with Class 7 (radioactive) 
materials reporting and recordkeeping requirements under OMB Control 
Number 2137-0510 ``RAM Transportation Requirements.'' PHMSA proposes to 
revise Sec.  173.448 to require that overpacks be marked with the 
consigner and consignee name and address when the mark is not visible. 
PHMSA expects that this proposed revision will increase burden under 
OMB Control Number 2137-0510. PHMSA estimates that there are 10 
respondents offering radioactive materials in overpacks. Each of these 
respondents will be required to mark the consigner and consignee name 
and address on 50 overpacks per year, for a total of 500 annual 
responses (10 respondents x 50 overpacks per respondent). PHMSA 
estimates that it will take one (1) minute to mark each overpack with 
the consigner and consignee name and address, resulting in an increase 
of approximately eight (8) annual burden hours. The following 
summarizes the estimated increase in burden associated with OMB Control 
Number 2137-0510:
    Annual Increase in Number of Respondents: 10.
    Annual Increase in Number of Responses: 500.
    Annual Increase in Burden Hours: Eight (8).
    PHMSA requests comments on the information collection and 
recordkeeping burdens associated with developing, implementing, and 
maintaining these proposed requirements. Address written comments to 
the DOT Docket Operations Office identified in the ADDRESSES section of 
this rulemaking. PHMSA must receive comments regarding information 
collection burdens prior to the close of the comment period identified 
in the DATES section of this rulemaking. Requests for a copy of this 
information collection should be directed to Steven Andrews, 
[email protected], Standards and Rulemaking Division (PHH-10), Pipeline 
and Hazardous Materials Safety Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590-0001. If these proposed amendments are adopted 
in a final rule, PHMSA will submit the revised information collection 
and recordkeeping requirements to OMB for approval.

G. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (UMRA; 2 U.S.C. 1501 et 
seq.) requires agencies to assess the effects of federal regulatory 
actions on state, local, and Tribal governments, and the private 
sector. For any NPRM or final rule that includes a federal mandate that 
may result in the expenditure by state, local, and Tribal governments, 
or by the private sector of $100 million or more in 1996 dollars in any 
given year, the agency must prepare, amongst other things, a written 
statement that qualitatively and quantitatively assesses the costs and 
benefits of the federal mandate.
    As explained in the PRIA, available for review in the docket, this 
proposed rulemaking does not impose unfunded mandates under the UMRA. 
It does not result in costs of $100 million or more in 1996 dollars to 
either state, local, or Tribal governments, or to the private sector, 
in any one year. Therefore, the analytical requirements of UMRA do not 
apply.

H. Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 
et seq.), requires that federal agencies analyze proposed actions to 
determine whether the action would have a significant impact on the 
human environment. The Council on Environmental Quality implementing 
regulations (40 CFR parts 1500-1508) require Federal agencies to 
conduct an environmental review considering (1) the need for the 
action, (2) alternatives to the action, (3) probable environmental 
impacts of the action and alternatives, and (4) the agencies and 
persons consulted during the consideration process. DOT Order 5610.1C 
(``Procedures for Considering Environmental Impacts'') establishes 
departmental procedures for evaluation of environmental impacts under 
NEPA and its implementing regulations.
1. Purpose and Need
    This NPRM would amend the HMR to maintain alignment with 
international consensus standards by incorporating into the HMR various 
amendments from the International Atomic Energy Agency (IAEA) 
publication, entitled ``Regulations for the Safe Transport of 
Radioactive Material, 2018 Edition, Specific Safety Requirements, No. 
SSR-6 (Rev. 1).'' PHMSA proposes additional amendments that are 
intended to update, clarify, correct, or streamline certain regulatory 
requirements. PHMSA notes that the amendments proposed in this NPRM are 
intended to result in cost savings and reduced regulatory burden for 
shippers engaged in domestic and international commerce, including 
transborder shipments within North America. Absent adoption of the 
amendments proposed in the NPRM, U.S. companies--including numerous 
small entities competing in foreign markets--may be at an economic 
disadvantage because of their need to comply with a dual system of 
regulations.
    As explained at greater length above in the preamble of this NPRM 
and in the PRIA (each of which are incorporated by reference in this 
discussion of the environmental impacts of the Proposed Action 
Alternative), PHMSA expects the adoption of the regulatory amendments 
proposed in this NPRM would maintain the high safety standard currently 
achieved under the HMR. PHMSA has evaluated the safety each of the 
amendments proposed in this NPRM on its own merit, as well as the 
aggregate impact on transportation safety from adoption of those 
amendments.
2. Alternatives
    In developing this proposed rule, PHMSA considered the following 
alternatives:
No Action Alternative
    If PHMSA were to select the No Action Alternative, current 
regulations would remain in place and no provisions would be amended or 
added.
Proposed Action Alternative
    This alternative is the current proposal as it appears in this 
NPRM, applying to transport of hazardous materials by various transport 
modes (highway, rail, vessel, and aircraft). The proposed amendments 
included in this alternative are more fully discussed in the preamble 
and regulatory text sections of this NPRM. This proposed action amends 
certain requirements related to the shipment of Class 7 (radioactive) 
materials including various provisions that will increase safety 
standards and improve enforceability such as:
     Sec.  173.410--PHMSA is proposing a new paragraph which 
will require each packages used for the shipment of Class 7 
(radioactive) materials to be designed so that the effect of aging 
mechanisms (e.g., corrosion, abrasion, fatigue, crack propagation, 
changes of material compositions or mechanical properties due to 
thermal loadings or radiation,

[[Page 55758]]

generation of decomposition gas, etc.) and their impact on the 
functions important to safety is considered.
     Sec.  173.453(d)--PHMSA is proposing to add an additional 
requirement to this exception requiring fissile material to be 
distributed homogeneously and to not form a lattice arrangement within 
the package.
    Furthermore, this NPRM proposes to amend the following provisions, 
which PHMSA will explain in greater detail the following section 
analyzing environmental impacts.
     Sec.  173.403--PHMSA is proposing to remove the 
requirement for compliance with Sec.  173.468, which requires the 
material to be insoluble or be intrinsically contained in a way that 
prevents leaching when placed in water.
     Sec.  173.427--PHMSA is proposing to add a new category of 
materials, SCO-III that were previously authorized for transport by 
special permit.
     Sec. Sec.  173.435 and 173.436--PHMSA is proposing to add 
various radionuclides to the ``Table of A1 and A2 
values for radionuclides'' and the ``Exempt material activity 
concentrations and exempt consignment activity limits for 
radionuclides.''
     Sec.  173.453--PHMSA is proposing to add two entries, 
``uranium with enrichment up to five percent'' and ``fissile material 
with no more than 140 grams fissile nuclides'' to the list of fissile 
materials excepted from the requirements of subpart I, Class 7 
(Radioactive Materials).
     Sec.  173.465--PHMSA is proposing to exempt certain 
packages ``not exceeding'' 50 kg (110 lbs.) and 100 kg (220 lbs.) from 
the requirement to perform a free drop test.
3. Analysis of Environmental Impacts
No Action Alternative
    If PHMSA were to select the No Action Alternative the HMR would 
remain unchanged, and no provisions would be amended or added. Any 
economic benefits gained through harmonization of the HMR with updated 
international consensus standards governing shipping of hazardous 
materials would not be realized. Under this alternative, PHMSA would 
not exempt certain materials from regulatory requirements including 
certain package tests, storage requirements, and compliance with 
subpart I for certain specified fissile materials that PHMSA believes 
are not needed for safety.
    Additionally, the No Action Alternative would not adopt enhanced 
and clarified regulatory requirements expected to maintain the high 
level of safety in transportation of hazardous materials provided by 
the HMR. As explained in the preamble to the NPRM, consistency between 
the HMR and current international standards can enhance safety by (1) 
ensuring that the HMR is informed by the latest best practices and 
lessons learned; (2) improving understanding of and compliance with 
pertinent requirements; (3) enabling consistent emergency response 
procedures in the event of a hazardous materials incident; and (4) 
facilitating the smooth flow of hazardous materials from their points 
of origin to their points of destination, thereby avoiding risks to the 
public and the environment from release of hazardous materials from 
delays or interruptions in the transportation of those materials. PHMSA 
would not capture those benefits if it declines to incorporate updated 
international standards into the HMR under the No Action Alternative.
    PHMSA expects that the No Action Alternative could have a modest 
impact on GHG emissions. Because PHMSA expects the differences between 
the HMR and international standards for transportation of hazardous 
materials could result in transportation delays or interruptions, PHMSA 
anticipates that there could be modestly higher GHG emissions from some 
combination of (1) transfer of delayed hazardous materials to and from 
interim storage, (2) return of improperly shipped materials to their 
point of origin, and (3) reshipment of returned materials. PHMSA notes 
that it is unable to quantify such GHG emissions because of the 
difficulty in identifying the precise quantity or characteristics of 
such interim storage or returns/reshipments. PHMSA also submits that, 
to the extent that there are any delays arising from inconsistencies 
between the HMR and recently updated international standards, there 
could also be adverse impacts from the No Action Alternative for 
minority populations, low-income populations, or other underserved and 
other disadvantaged communities.
Proposed Action Alternative
    As described above, PHMSA is proposing the following changes to the 
HMR in this NPRM. While the following provisions are intended to reduce 
economic and logistical burdens, PHMSA also believes that these changes 
are justified by various studies and will not have a significant impact 
on safety.
     Sec.  173.403--PHMSA is proposing to remove the 
requirement for compliance with Sec.  173.468, which requires the 
material to be insoluble or be intrinsically contained in a way that 
prevents leaching when placed in water. A paper submitted to IAEA which 
prompted this change showed that an inhalation dose under mechanical 
accident conditions of transport significantly depends on the physical 
form of the LSA material. The essential difference between LSA-II and 
LSA-III materials is that LSA-III is limited to solid material 
excluding powder. The results of the investigation conducted by the 
German authority who submitted the paper have shown that the amount of 
airborne material released following mechanical accident conditions of 
transport that could be inhaled is lower by at least a factor of 100 
for LSA-III solids than for LSA-II solids in powder form. This much 
lower airborne release for LSA-III material due to its non-readily 
dispersible form compensates more than enough for its allowable 20-fold 
increase in average specific activity compared to LSA-II solid in 
powder form. Therefore, there is no need to take any credit from a 
leaching test to justify this allowable 20-fold increase in average 
specific activity between LSA-III and LSA-II, and the removal of this 
test will not lead to any decreases in safety or increases in radiation 
release or exposure.\31\
---------------------------------------------------------------------------

    \31\ B[uuml]ttner, Uwe, Frank Nitsche, Ingo Reiche, Bruno 
Desnoyers, and Florentint Lange. Working paper. Review of LSA-II/
LSA-III Concept--Deletion of the LSA-III Leaching Test. Cologne, 
Germany, 2015.
---------------------------------------------------------------------------

     173.427--PHMSA is proposing to add a new category of 
materials, SCO-III that were previously authorized for transport by 
special permit. The proposed language requires that offerors of this 
material must provide an equivalent level of safety at least equivalent 
to that which would be provided if the SCO-III had been subjected to 
the test required in Sec.  173.465(b), followed by the test required in 
Sec.  173.465(e). The transport plan must also demonstrate that there 
would be no loss or dispersal of the radioactive contents and no more 
than a 20% increase in the maximum dose rate at any external surface of 
the object. The information confirming the equivalent level of safety 
must be compiled into a transport plan along with other info and be 
submitted to PHMSA for approval before every shipment of SCO-III. PHMSA 
can then determine if the shipment is safe enough to go forward. These 
measures will ensure that any SCO-III shipments do not impose undue 
risk to the public in transportation.
     Sec. Sec.  173.435 and 173.436--Adds various radionuclides 
to the ``Table of A1 and A2 values for 
radionuclides'' and the ``Exempt material activity

[[Page 55759]]

concentrations and exempt consignment activity limits for 
radionuclides'' Table. This change allows for 7 new radionuclides to 
utilize their new unique A1 and A2 values instead 
of the generic values of tables 7 and 8 allowing for greater ease of 
shipment and removing the possible need for decay prior to shipment, 
the use of multiple Type A Packages, or the use of Type B packages, as 
well as leading to possible miscommunication of the relative hazards. 
While any increase in transportation of radioactive materials 
inherently increases the risk of release and exposure to radiation, the 
proposed limits in the tables of Sec. Sec.  173.435 and 173.436 
combined with the established HMR framework for transporting Class 7 
(radioactive) maintain the existing level of safety and chance of 
exposure due to accidental release.
     Sec.  173.453 Fissile materials--exceptions. PHMSA is 
proposing to add two entries, ``uranium with enrichment up to 5 
percent'' and ``fissile material with no more than 140 grams fissile 
nuclides'' to the list of fissile materials excepted from the 
requirements of subpart I for fissile materials, including the 
requirements of Sec. Sec.  173.457 and 173.459, but are subject to all 
other requirements of this subpart.
    Fissile materials present two potential risks. The first is 
radiation like any other Class 7, radioactive material. The second is 
the risk of the material going critical, which is unique to fissile 
materials. The fissile exempt materials of Sec.  173.453 are not given 
an exemption from all of subpart I, just the fissile material 
requirements. Typically, these materials must be placed in a type A 
package. However, quantity specified in (g) is so small that NRC does 
not see any issues with radiation provided it is packaged as required. 
As for criticality, as stated in the preamble, the additional neutron 
absorption provided by uranium-238 in 5.0 weight percent enriched 
uranium compensates for the additional 1.5 grams of uranium-235 mass 
(i.e., up to 3.5 grams uranium-235 per package), when compared to the 
49 CFR 173.453(a) limit of 2.0 grams.
    As for paragraph (h), ``fissile material with no more than 140 
grams fissile nuclides,'' this mass value, higher than that contained 
in IAEA SSR-6 (Rev. 1) paragraph 417(e) is justified, given the 
conservatism inherent in the exclusive use restriction of the SSR-6 
(Rev. 1) provision and because plutonium-239 would have to be shipped 
in a Type B package that could withstand hypothetical accident 
conditions. Therefore, PHMSA and NRC propose a limit of 140 grams of 
fissile material. When determining the proposed limit, NRC considered 
uranium-235 rather than plutonium-239, as any amount of plutonium-239 
over 0.435 grams is considered Type B, which would have to be packaged 
to withstand both normal and hypothetical accident conditions of 
transport. This limit is based on one fifth of a consensus minimum 
critical mass of uranium-235 under optimum conditions. This mass 
represents a conservative limit for fissile material, because five 
times this amount would remain subcritical under any conditions.
    Because plutonium would not qualify for this exception, the NRC 
used uranium as the basis for their calculations. The packaging and 
exclusive use requirements make up for the exception, and there is no 
risk of criticality, as it would take about five times more material 
for that to be a concern. For these reasons, based on the expertise of 
NRC and PHMSA, these changes will not cause an undue increase in risk 
of exposure.
     Sec.  173.465 Type A packaging tests--This proposed change 
exempts certain packages ``not exceeding'' 50 kg (110 lbs.) for 
rectangular packages and 100 kg (220 lbs.) for cylindrical packages 
from the requirement to perform one of two free drop tests. This 
limitation on the corner drop test already exists in the HMR for Type-A 
packagings to contain non-fissile materials and for all packagings 
subject to the ``normal conditions of transport'' tests in NRC's 
regulations in 10 CFR 71.71. PHMSA and NRC believe that it would be 
very unlikely for packages meeting those weight thresholds to undergo 
sustained corner or rim drops due to the weight of the package and how 
heavy packages are physically handled in the supply chain. Type A 
packagings below the given weight thresholds are still required to be 
capable of withstanding a drop from 1.2 meters (four feet) in a manner 
so as to suffer maximum damage to the safety features being tested.
    As explained further in the discussion of the No Action 
Alternative, the preamble, and the PRIA, PHMSA anticipates the changes 
proposed under the Proposed Action Alternative will maintain the high 
safety standards currently achieved under the HMR. Harmonization of the 
HMR with updated international consensus standards is also expected to 
capture economic efficiencies gained from avoiding shipping delays and 
compliance costs associated with having to comply with divergent U.S. 
and international regulatory regimes for transportation of hazardous 
materials.
    PHMSA expects that the Proposed Action Alternative could realize 
modest reductions in GHG emissions. Because PHMSA expects the 
differences between the HMR and international standards for 
transportation of hazardous materials could result in delays or 
interruptions, PHMSA anticipates that the No Action Alternative could 
result in modestly higher GHG emissions from some combination of (1) 
transfer of delayed hazardous materials to and from interim storage, 
(2) return of improperly shipped materials to their point of origin, or 
(3) reshipment of returned materials. The Proposed Action Alternative 
avoids those risks resulting from divergence of the HMR from updated 
international standards. PHMSA notes, however, that it is unable to 
quantify any GHG emissions benefits because of the difficulty in 
identifying the precise quantity or characteristics of such interim 
storage or returns/re-shipments. PHMSA also submits that the Proposed 
Action Alternative would avoid any delayed or interrupted shipments 
arising from the divergence of the HMR from updated international 
standards under the No Action Alternative that could result in adverse 
impacts for minority populations, low-income populations, or other 
underserved and other disadvantaged communities.
4. Agency Consultation
    PHMSA has coordinated with NRC in the development of this proposed 
rule. PHMSA will consider the views expressed in response to this 
Notice submitted by members of the public, state and local governments, 
industry, and any other interested stakeholders.
5. Proposed Finding of No Significant Impact
    PHMSA expects the adoption of the Proposed Action Alternative's 
regulatory amendments will maintain the HMR's current high level of 
safety for shipments of hazardous materials transported by highway, 
rail, aircraft, and vessel, and as such finds the HMR amendments in the 
NPRM would have no significant impact on the human environment. PHMSA 
expects that the Proposed Action Alternative will avoid adverse safety, 
environmental justice, and GHG emissions impacts of the No Action 
Alternative. Furthermore, based on PHMSA's analysis of these provisions 
described above, PHMSA tentatively finds that codification and 
implementation of this rule would not result in a significant impact to 
the human environment.
    PHMSA welcomes any views, data, or information related to 
environmental

[[Page 55760]]

impacts that may result from NPRM's proposed requirements, the No 
Action Alternative, and other viable alternatives and their 
environmental impacts.

I. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform any amendments to the HMR considered in this 
rulemaking. DOT posts these comments, without edit, including any 
personal information the commenter provides, to www.regulations.gov, as 
described in the system of records notice (DOT/ALL-14 FDMS). DOT's 
complete Privacy Act Statement is in the Federal Register published on 
April 11, 2000,\32\ or on DOT's website at http://www.dot.gov/privacy.
---------------------------------------------------------------------------

    \32\ 65 FR 19477 (Apr. 11, 2000).
---------------------------------------------------------------------------

J. Executive Order 13609 and International Trade Analysis

    Executive Order 13609 (``Promoting International Regulatory 
Cooperation'') \33\ requires that agencies consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American business to export and compete internationally. In 
meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
are or would be adopted in the absence of such cooperation. 
International regulatory cooperation can also reduce, eliminate, or 
prevent unnecessary differences in regulatory requirements.
---------------------------------------------------------------------------

    \33\ 77 FR 26413 (May. 4, 2012).
---------------------------------------------------------------------------

    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as 
amended by the Uruguay Round Agreements Act (Pub. L. 103-465) (as 
amended, the Trade Agreements Act), prohibits agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to the Trade Agreements Act, the establishment of 
standards is not considered an unnecessary obstacle to the foreign 
commerce of the United States, so long as the standards have a 
legitimate domestic objective, such as providing for safety, and do not 
operate to exclude imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards.
    PHMSA participates in the establishment of international standards 
to protect the safety of the American public, and it has assessed the 
effects of the proposed rule to ensure that it does not cause 
unnecessary obstacles to foreign trade. In fact, the proposed rule is 
expected to facilitate international trade by harmonizing U.S. and 
international requirements for the transportation of hazardous 
materials. The rule is expected to reduce regulatory burdens and 
minimize delays arising from having to comply with divergent regulatory 
requirements. Accordingly, this rulemaking is consistent with Executive 
Order 13609 and PHMSA's obligations under the Trade Agreements Act.

K. Executive Order 12898 and Environmental Justice

    Executive Orders 12898 (``Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations''),\34\ 
13985 (``Advancing Racial Equity and Support for Underserved 
Communities Through the Federal Government''),\35\ 13990 (``Protecting 
Public Health and the Environment and Restoring Science to Tackle the 
Climate Crisis''),\36\ 14008 (``Tackling the Climate Crisis at Home and 
Abroad''),\37\ and DOT Order 5610.2C (``Department of Transportation 
Actions to Address Environmental Justice in Minority Populations and 
Low-Income Populations'') require DOT agencies to achieve environmental 
justice as part of their mission by identifying and addressing, as 
appropriate, disproportionately high and adverse human health or 
environmental effects, including interrelated social and economic 
effects, of their programs, policies, and activities on minority 
populations, low-income populations, and other underserved and 
disadvantaged communities.
---------------------------------------------------------------------------

    \34\ 59 FR 7629 (Feb. 16, 1994).
    \35\ 86 FR 7009 (Jan. 25, 2021).
    \36\ 86 FR 7037 (Jan. 25, 2021).
    \37\ 86 FR 7619 (Feb. 1, 2021).
---------------------------------------------------------------------------

    PHMSA has evaluated this proposed rule under the above Executive 
Orders and DOT Order 5610.2C and expects it would not cause 
disproportionately high and adverse human health and environmental 
effects on minority, low-income, underserved, and other disadvantaged 
populations, and communities. The proposed action may even reduce GHG 
emissions by reducing delays in transportation arising from having to 
comply with divergent regulatory requirements. The rulemaking is 
facially neutral and national in scope; it is neither directed toward a 
particular population, region, or community, nor is it expected to 
adversely impact any particular population, region, or community. And 
insofar as PHMSA expects the rulemaking would not adversely affect the 
safe transportation of hazardous materials generally, PHMSA does not 
expect the proposed revisions would entail disproportionately high 
adverse risks for minority populations, low-income populations, or 
other underserved and disadvantaged communities.

L. National Technology Transfer and Advancement Act

    The National Technology Transfer and Advancement Act of 1995 (15 
U.S.C. 272 note) directs Federal agencies to use voluntary consensus 
standards in their regulatory activities unless doing so would be 
inconsistent with applicable law or otherwise impractical. Voluntary 
consensus standards are technical standards--e.g., specification of 
materials, test methods, or performance requirements--that are 
developed or adopted by voluntary consensus standard bodies. This 
rulemaking adopts the most current versions of multiple voluntary 
consensus standards which are discussed at length in the discussion in 
Sec.  171.7. See Section 171.7 of the Section-by-Section Review for 
further details.

List of Subjects

49 CFR Part 171

    Exports, Hazardous materials transportation, Hazardous waste, 
Imports, Incorporation by reference, Reporting and recordkeeping 
requirements.

49 CFR Part 172

    Education, Hazardous materials transportation, Hazardous waste, 
Labeling, Markings, Packaging, and containers, Reporting and 
recordkeeping requirements.

49 CFR Part 173

    Hazardous materials transportation, Incorporation by reference, 
Packaging and containers, Radioactive materials, Reporting and 
recordkeeping requirements.

49 CFR Part 174

    Hazardous materials transportation, Radioactive materials, Railroad 
safety.

49 CFR Part 175

    Air carriers, Hazardous materials transportation, Radioactive 
materials,

[[Page 55761]]

Reporting and recordkeeping requirements.

49 CFR Part 176

    Hazardous materials transportation, Maritime carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

49 CFR Part 177

    Hazardous materials transportation, Motor carriers, Radioactive 
materials, Reporting and recordkeeping requirements.

    PHMSA proposes to amend 49 CFR Chapter I as follows:

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
1. The authority citation for part 171 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.

0
2. In Sec.  171.7 revise paragraphs (d) and (s)(1) to read as follows:


Sec.  171.7   Reference material.

* * * * *
    (d) American National Standards Institute, Inc., 25 West 43rd 
Street, New York, NY 10036, 212-642-4980, https://ansi.org.
    (1) ANSI/ASHRAE 15-94, Safety Code for Mechanical Refrigeration, 
1944, into Sec. Sec.  173.306; 173.307.
    (2) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1971 
Edition, into Sec.  173.420.
    (3) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1982 
Edition, into Sec.  173.420.
    (4) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1987 
Edition, into Sec.  173.420.
    (5) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1990 
Edition, into Sec.  173.420.
    (6) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 1995 
Edition, into Sec.  173.420.
    (7) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 2001 
Edition, into Sec.  173.420.
    (8) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 2012 
Edition, into Sec.  173.420.
    (9) ANSI N14.1 Uranium Hexafluoride--Packaging for Transport, 2019 
Edition, into Sec.  173.420.
* * * * *
    (s) * * *
    (1) IAEA Safety Standards for Protecting People and the 
Environment; Regulations for the Safe Transport of Radioactive 
Material; Specific Safety Requirements No. SSR-6 (Rev.1), (IAEA 
Regulations), 2018 Edition, into Sec. Sec.  171.22; 171.23; 171.26; 
173.403, 173.415; 173.416; 173.417; 173.435; 173.473.
* * * * *

PART 172--HAZARDOUS MATERIALS TABLE, SPECIAL PROVISIONS, HAZARDOUS 
MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING 
REQUIREMENTS, AND SECURITY PLANS

0
3. The authority citation for part 172 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96 and 
1.97.

0
4. In Sec.  172.101, revising in paragraph (l) the ``Hazardous 
Materials Table'' to read as follows:


Sec.  172.101  Purpose and use of hazardous materials table.

* * * * *
    (l) * * *


Sec.  172.101  Hazardous Materials Table

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                (8)                      (9)                     (10)
                                                                                                                  ------------------------------------------------------------------------------
                                                                                                                    Packaging  (Sec.   173.***)        Quantity             Vessel stowage
                                                                                                                  ------------------------------  limitations  (see  ---------------------------
                     Hazardous materials      Hazard                                    Label        Special                                     Sec.  Sec.   173.27
     Symbols       descriptions and proper   class or    Identification Nos.     PG     codes   provisions  (Sec.                                    and 175.75)
                        shipping names       division                                                 172.102)                   Non-           ---------------------
                                                                                                                   Exceptions    bulk     Bulk   Passenger    Cargo        Location       Other
                                                                                                                                                 aircraft/  aircraft
                                                                                                                                                    rail      only
(1)                (2)....................         (3)  (4)                      (5)       (6)  (7)                      (8A)     (8B)     (8C)       (9A)      (9B)  (10A)                (10B)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                                          * * * * * * *
                   Radioactive material,             7  UN2913                 .....         7  325, A56            421, 422,      427      427  .........  ........  A                       95
                    surface contaminated                                                                                  428
                    objects (SCO-I or SCO-
                    II or SCO-III) non
                    fissile or fissile-
                    excepted.
 
                                                                                          * * * * * * *
                   Radioactive material,             7  UN2978                 .....   7, 6.1,  .................         423      420      420  .........  ........  B                  40, 74,
                    uranium hexafluoride                                                     8                                                                                               95,
                    non fissile or fissile-                                                                                                                                                 132,
                    excepted.                                                                                                                                                               151,
                                                                                                                                                                                             153
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

0
5. In Sec.  172.102, in paragraph (c)(1) revise ``Special provision 
139'' to read as follows:


Sec.  172.102   Special provisions.

* * * * *
Code/Special Provisions
* * * * *
    139 Use of the ``special arrangement'' proper shipping names for 
international shipments must be made under an IAEA Certificate of 
Competent Authority issued by the Associate Administrator in accordance 
with the requirements in Sec. Sec.  173.471 or 173.473 of this 
subchapter. Use of these proper shipping names for domestic shipments 
may be made only under a

[[Page 55762]]

DOT special permit, as defined in and in accordance with, the 
requirements of subpart B of part 107 of this subchapter.
* * * * *
0
6. In Sec.  172.203, revise paragraphs (d)(4) through (6) to read as 
follows:


Sec.  172.203   Additional description requirements.

* * * * *
    (d) * * *
    (4) The category of label applied to each package or overpack in 
the shipment. For example: ``RADIOACTIVE WHITE-I,'' or ``WHITE-I.''
    (5) The transport index assigned to each package or overpack in the 
shipment bearing RADIOACTIVE YELLOW-II or RADIOACTIVE YELLOW-III 
labels.
    (6) For a package containing fissile Class 7 (radioactive) 
material:
    (i) The words ``Fissile Excepted'' if the package is excepted 
pursuant to Sec.  173.453 of this subchapter; or otherwise.
    (ii) The criticality safety index for the package and a list of the 
fissile nuclides contained in the package.
* * * * *
0
7. In Sec.  172.310, revise paragraphs (b) and (e) to read as follows:


Sec.  172.310   Class 7 (radioactive) materials.

* * * * *
    (b) Each industrial, Type A, Type B(U), or Type B(M) package must 
be legibly and durably marked on the outside of the packaging, in 
letters at least 12 mm (0.47 in) high, with the words ``TYPE IP-1,'' 
``TYPE IP-2,'' ``TYPE IP-3,'' ``TYPE A,'' ``TYPE B(U),'' or ``TYPE 
B(M),'' as appropriate. A package which does not conform to Type IP-1, 
Type IP-2, Type IP-3, Type A, Type B(U), or Type B(M) requirements may 
not be so marked. Any marking relating to the package type that does 
not relate to the UN number and proper shipping name assigned to a 
consignment shall be removed or covered prior to shipment.
* * * * *
    (e) Each Type B(U), Type B(M), or fissile material package destined 
for export shipment must also be marked ``USA'' in conjunction with the 
specification marking, or other package certificate identification. 
(See Sec. Sec.  173.471 and 173.473 of this subchapter.)

PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND 
PACKAGINGS

0
8. The authority citation for part 173 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81, 1.96, and 
1.97.

0
9. In Sec.  173.401, revise paragraph (b)(4) and add paragraph (6) to 
read as follows:


Sec.  173.401   Scope.

* * * * *
    (b) * * *
    (4) Natural material and ores containing naturally occurring 
radionuclides which may or may not have been processed, provided the 
activity concentration of the material does not exceed 10 times the 
exempt material activity concentration values specified in Sec.  
173.436, or determined in accordance with the requirements of Sec.  
173.433.
* * * * *
    (6) Class 7 (radioactive) material in or on a person who is to be 
transported for medical treatment because the person has been subject 
to accidental or deliberate intake of radioactive material or 
contamination.
0
10. Amend Sec.  173.403 by:
0
a. Adding a definition for ``Dose rate'' in alphabetical order; and
0
b. Revising the definitions for ``Low Specific Activity (LSA) 
materials'', ``Special form Class 7 (radioactive) material'', and 
``Surface Contaminated Object (SCO)''.
    The additions and revisions read as follows:


Sec.  173.403   Definitions.

* * * * *
    Dose rate See the definition of Radiation level in this section.
* * * * *
    Low Specific Activity (LSA) material means Class 7 (radioactive) 
material with limited specific activity which is not fissile material 
or is excepted under Sec.  173.453, and which satisfies the 
descriptions and limits set forth below. Shielding material surrounding 
the LSA material may not be considered in determining the estimated 
average specific activity of the LSA material. LSA material must be in 
one of three groups:
    (1) LSA-I:
    (i) Uranium and thorium ores, concentrates of uranium and thorium 
ores, and other ores containing naturally occurring radionuclides which 
are intended to be processed for the use of these radionuclides; or
    (ii) Natural uranium, depleted uranium, natural thorium or their 
compounds or mixtures, provided they are unirradiated and in solid or 
liquid form; or
    (iii) Radioactive material for which the A2 value is 
unlimited; or
    (iv) Other radioactive material in which the activity is 
distributed throughout, and the estimated average specific activity 
does not exceed 30 times the values for activity concentration 
specified in Sec.  173.436 or calculated in accordance with Sec.  
173.433, or 30 times the default values listed in Table 8 of Sec.  
173.433.
    (2) LSA-II:
    (i) Water with tritium concentration up to 0.8 TBq/L (20.0 Ci/L); 
or
    (ii) Other radioactive material in which the activity is 
distributed throughout, and the average specific activity does not 
exceed 10-4 A2/g for solids and gases, and 
10-5 A2/g for liquids.
    (3) LSA-III. Solids (e.g., consolidated wastes, activated 
materials, etc.), excluding powders, in which:
    (i) The radioactive material is distributed throughout a solid or a 
collection of solid objects, or is essentially uniformly distributed in 
a solid compact binding agent (such as concrete, bitumen, ceramic, 
etc.); and
    (ii) The estimated average specific activity of the solid, 
excluding any shielding material, does not exceed 2 x 10-3 
A2/g.
* * * * *
    Special form Class 7 (radioactive) material means either an 
indispersible solid radioactive material or a sealed capsule containing 
radioactive material which satisfies the following conditions:
    (1) It is either a single solid piece or a sealed capsule 
containing radioactive material that can be opened only by destroying 
the capsule;
    (2) The piece or capsule has at least one dimension not less than 5 
mm (0.2 in); and
    (3) It satisfies the test requirements of Sec.  173.469. Special 
form encapsulations designed in accordance with the requirements of 
Sec.  173.403 in effect from April 1, 1996 to [date one-day prior to 
the effective date of the final rule] may continue to be used when in 
compliance with a management system as required by IAEA Regulations 
(incorporated by reference; see Sec.  171.7 of this subchapter) 
paragraph 306. There shall be no new manufacture of special form 
radioactive material to a design allowed by the regulations in effect 
prior to October 1, 2004. No new manufacture of special form 
radioactive material to a design allowed by the regulations in effect 
from October 1, 2004 to [date one-day prior to the effective date of 
the final rule] shall be permitted to commence after December 31, 2025. 
Any other special form encapsulation must meet the requirements of this 
paragraph (3).
* * * * *

[[Page 55763]]

    Surface Contaminated Object (SCO) means a solid object which is not 
itself radioactive, but which has radioactive material distributed on 
its surface. SCO shall be in one of three groups:
    (1) SCO-I: A solid object on which:
    (i) The non-fixed contamination on the accessible surface averaged 
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does 
not exceed 4 Bq/cm\2\ (10-4 microcurie/cm\2\) for beta and 
gamma and low toxicity alpha emitters, or 0.4 Bq/cm\2\ (10-5 
microcurie/cm\2\) for all other alpha emitters;
    (ii) The fixed contamination on the accessible surface averaged 
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does 
not exceed 4 x 10\4\ Bq/cm\2\ (1.0 microcurie/cm\2\) for beta and gamma 
and low toxicity alpha emitters, or 4 x 10\3\ Bq/cm\2\ (0.1 microcurie/
cm\2\) for all other alpha emitters; and
    (iii) The non-fixed contamination plus the fixed contamination on 
the inaccessible surface averaged over 300 cm\2\ (or the area of the 
surface if less than 300 cm\2\) does not exceed 4 x 10\4\ Bq/cm\2\ (1 
microcurie/cm\2\) for beta and gamma and low toxicity alpha emitters, 
or 4 x 10\3\ Bq/cm\2\ (0.1 microcurie/cm\2\) for all other alpha 
emitters.
    (2) SCO-II: A solid object on which the limits for SCO-I are 
exceeded and on which:
    (i) The non-fixed contamination on the accessible surface averaged 
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does 
not exceed 400 Bq/cm\2\ (10-2 microcurie/cm\2\) for beta and 
gamma and low toxicity alpha emitters, or 40 Bq/cm\2\ (10-3 
microcurie/cm\2\) for all other alpha emitters;
    (ii) The fixed contamination on the accessible surface averaged 
over 300 cm\2\ (or the area of the surface if less than 300 cm\2\) does 
not exceed 8 x 10\5\ Bq/cm\2\ (20 microcurie/cm\2\) for beta and gamma 
and low toxicity alpha emitters, or 8 x 10\4\ Bq/cm\2\ (2 microcuries/
cm\2\) for all other alpha emitters; and
    (iii) The non-fixed contamination plus the fixed contamination on 
the inaccessible surface averaged over 300 cm\2\ (or the area of the 
surface if less than 300 cm\2\) does not exceed 8 x 10\5\ Bq/cm\2\ (20 
microcuries/cm\2\) for beta and gamma and low toxicity alpha emitters, 
or 8 x 10\4\ Bq/cm\2\ (2 microcuries/cm\2\) for all other alpha 
emitters.
    (3) SCO-III: A large solid object which, because of its size, 
cannot be transported in a type of package and for which:
    (i) All openings are sealed to prevent release of radioactive 
material during conditions defined in Sec.  173.427(d) of this 
subchapter;
    (ii) The inside of the object is as dry as practicable;
    (iii) The non-fixed contamination on the external surfaces do not 
exceed the limits specified in Sec.  173.443 of this subchapter; and
    (iv) The non-fixed contamination plus the fixed contamination on 
the inaccessible surface averaged over 300 cm\2\ does not exceed 8 x 
10\5\ Bq/cm\2\ (21 microcurie/cm\2\) for beta and gamma emitters and 
low toxicity alpha emitters, or 8 x 10\4\ Bq/cm\2\ (2 microcurie/cm\2\) 
for all other alpha emitters.
* * * * *
0
11. In Sec.  173.410, revise paragraph (i)(3) and add paragraph (j) to 
read as follows:


Sec.  173.410   General design requirements.

* * * * *
    (i) * * *
    (3) A package containing radioactive material must be capable of 
withstanding, without loss or dispersal of radioactive contents from 
the containment system, an internal pressure that produces a pressure 
differential of not less than the maximum normal operating pressure 
plus 95 kPa (13.8 psi).
    (j) The effect of aging mechanisms (e.g., corrosion, abrasion, 
fatigue, crack propagation, changes of material compositions or 
mechanical properties due to thermal loadings or radiation, generation 
of decomposition gas, etc.) and their impact on the functions important 
to safety is considered.
0
12. In Sec.  173.415, revise paragraphs (a)(1) and (2) to read as 
follows:


Sec.  173.415   Authorized Type A packages.

* * * * *
    (a) * * *
    (1) A description of the package showing materials of construction, 
dimensions, weight, closure, closure materials (including gaskets, 
tape, etc.) of each item of the containment system, shielding, and 
packing materials used in normal transportation; a description of the 
authorized contents (including radionuclide(s), the radionuclide(s) 
activity limits, the radionuclide(s) physical and chemical state, and 
an indication if the content must be special form); and at least one of 
the following:
    (i) If the packaging is subjected to the physical tests of Sec.  
173.465--and if applicable, Sec.  173.466--documentation of testing 
including: date; place of test; signature of testers; a description of 
each test performed, including equipment used, and the damage to each 
item of the containment system resulting from the tests; a description 
of how the tested contents meet the requirements of Sec.  
173.461(a)(1); and an analysis of how the test results demonstrate 
compliance with Sec.  173.412(j) for the contents being shipped, or
    (ii) For any other demonstration of compliance with tests 
authorized in Sec.  173.461, a detailed analysis which shows that, for 
the contents being shipped, the package meets the pertinent design and 
performance requirements for a DOT Specification 7A Type A package.
    (2) If the offeror has obtained the packaging from another person 
who meets the definition of ``packaging manufacturer'' in Sec.  
178.350(c) of this subchapter, a description of the authorized contents 
(including radionuclide(s), the radionuclide(s) activity limits, the 
radionuclide(s) physical and chemical state, and an indication of 
whether the content must be special form) and a certification from the 
packaging manufacturer that the package meets all of the requirements 
of Sec. Sec.  173.403, 173.410, 173.412, 173.465, and, if applicable, 
Sec.  173.466, for the radioactive contents presented for transport. If 
requested by DOT, the offeror shall contact the packaging manufacturer 
and have the packaging manufacturer provide DOT a copy of documents 
maintained by the packaging manufacturer that meet the requirements of 
paragraph (a)(1) of this section.
* * * * *
0
13. In Sec.  173.417, revise paragraph (a) to read as follows:


Sec.  173.417   Authorized fissile materials packages.

    (a) Except as provided in Sec.  173.453, fissile materials 
containing not more than A1 or A2 as appropriate, 
must be packaged in one of the following packagings:
    (1) For domestic shipments--
    (i) Any packaging listed in Sec.  173.415, limited to the Class 7 
(radioactive) materials specified in 10 CFR part 71, subpart C; or
    (ii) Any Type AF, Type B(U)F, or Type B(M)F packaging that meets 
the applicable standards for fissile material packages in 10 CFR part 
71.
    (2) For import or export shipments--
    (i) Any Type AF, Type B(U)F, or Type B(M)F packaging that meets the 
applicable requirements for fissile material packages in Section VI of 
the International Atomic Energy Agency ``Regulations for the Safe 
Transport of Radioactive Material, IAEA Regulations (incorporated by 
reference, see Sec.  171.7 of this subchapter),'' and for which the 
foreign Competent Authority certificate

[[Page 55764]]

has been revalidated by the U.S. Competent Authority, in accordance 
with Sec.  173.473; or
    (ii) Packaging that meets the applicable standards for fissile 
material packages in paragraph 674 of IAEA Regulations (incorporated by 
reference, see Sec.  171.7 of this subchapter).
    (3) A residual ``heel'' of enriched solid uranium hexafluoride may 
be transported without a protective overpack in any metal cylinder that 
meets both the requirements of Sec. Sec.  173.415 and 178.350 of this 
subchapter for Specification 7A Type A packaging, and the requirements 
of Sec.  173.420 for packagings containing greater than 0.1 kg of 
uranium hexafluoride. Any such shipment must be made in accordance with 
Table 2, as follows:

                            Table 2--Allowable Content of Uranium Hexafluoride (UF6 ``Heel'' in a Specification 7A Cylinder)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 Maximum cylinder diameter                       Cylinder volume          Maximum            Maximum ``Heel'' weight per cylinder
-------------------------------------------------------------------------------------  Uranium 235-  ---------------------------------------------------
                                                                                        enrichment               UF6                   Uranium-235
                 Centimeters                      Inches       Liters     Cubic feet     (weight)    ---------------------------------------------------
                                                                                          percent          kg           lb           kg           lb
--------------------------------------------------------------------------------------------------------------------------------------------------------
12.7.........................................            5          8.8        0.311           100.0        0.045          0.1        0.031         0.07
20.3.........................................            8         39.0        1.359            12.5        0.227          0.5        0.019         0.04
30.5.........................................           12         68.0        2.410             5.0        0.454          1.0        0.015         0.03
76.0.........................................           30        725.0        25.64             5.0         11.3         25.0        0.383         0.84
122.0........................................           48       3084.0    \1\ 108.9             4.5         22.7         50.0        0.690         1.52
122.0........................................           48       4041.0    \2\ 142.7             4.5         22.7         50.0        0.690         1.52
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 10 ton.
\2\ 14 ton.

* * * * *
0
14. In Sec.  173.420, revise paragraph (a)(2)(i) and add paragraph (f) 
to read as follows:


Sec.  173.420   Uranium hexafluoride (fissile, fissile excepted, and 
non-fissile).

    (a) * * *
    (2) * * *
    (i) American National Standards Institute (ANSI) N14.1 
(incorporated by reference, see Sec.  171.7 of this subchapter) in 
effect at the time the packaging was manufactured; or
* * * * *
    (f) Packagings containing 0.1 kg or more of non-fissile or fissile-
excepted uranium hexafluoride must meet the requirements of Sec.  
173.477.
0
15. In Sec.  173.424, revise paragraph (h) to read as follows:


Sec.  173.424   Excepted packages for radioactive instruments and 
articles.

* * * * *
    (h) The package does not contain fissile material unless excepted 
by Sec.  173.453; and
* * * * *
0
16. Amend Sec.  173.427 by:
0
a. Revising paragraphs (a)(2) and (a)(6)(i);
0
b. Redesignating paragraphs (d) and (e) as paragraphs (e) and (f); and
0
c. Adding paragraph (d).
    The additions and revisions read as follows:


Sec.  173.427   Transport requirements for low specific activity (LSA) 
Class 7 (radioactive) material and surface contaminated objects (SCO).

    (a) * * *
    (2) The quantity of LSA material and SCO-I and II transported in 
any single conveyance may not exceed the limits specified in Table 5. 
For SCO-III, the limits in Table 5 may be exceeded only if the SCO-III 
is subject to a transport plan that contains precautions to be employed 
during transport to obtain an overall level of safety at least 
equivalent to that which would be provided if the limits had been 
applied.
* * * * *
    (6) * * *
    (i) Except for SCO-III transported according to a transport plan, 
shipments must be loaded by the consignor and unloaded by the consignee 
from the conveyance or freight container in which originally loaded;
* * * * *
    (d) For SCO-III--
    (1) Transport shall be under exclusive use by road, rail, inland 
waterway, or sea.
    (2) Stacking shall not be permitted.
    (3) All activities associated with the shipment, including 
radiation protection, emergency response, and any special precautions 
or special administrative or operational controls that are to be 
employed during transport, shall be described in the transport plan. 
The transport plan shall demonstrate that the overall level of safety 
in transport is at least equivalent to that which would be provided if 
the SCO-III had been subjected to the test required in Sec.  
173.465(b), followed by the test required in Sec.  173.465(e). The 
transport plan must also demonstrate that there would be no loss or 
dispersal of the radioactive contents and no more than a 20% increase 
in the maximum dose rate at any external surface of the object.
    (4) The requirements of Sec.  173.411(b)(2) for a Type IP-2 package 
shall be satisfied, except that the maximum damage referred to in Sec.  
173.465(c) may be determined based on provisions in the transport plan 
and the requirements of Sec.  173.465(d) are not applicable.
    (5) The object and any shielding are secured to the conveyance in 
accordance with Sec.  173.410(a).
    (6) The shipment shall be subject to approval by the Associate 
Administrator, and each request for SCO-III shipment approval must be 
submitted in writing to the Associate Administrator. An application for 
approval of SCO-III shipments shall include:
    (i) A statement of the respects in which, and of the reasons why, 
the consignment is considered SCO-III.
    (ii) Justification for choosing SCO-III by demonstrating that:
    (A) No suitable packaging currently exists.
    (B) Designing and/or constructing a packaging or segmenting the 
object is not practically, technically, or economically feasible.
    (C) No other viable alternative exists.
    (iii) A detailed description of the proposed radioactive contents 
with reference to their physical and chemical states and the nature of 
the radiation emitted.
    (iv) A detailed statement of the design of the SCO-III, including 
complete engineering drawings and schedules of materials and methods of 
manufacture.
    (v) All information necessary to demonstrate that the requirements 
of Sec.  173.427(d)(1)-(5) and the requirements

[[Page 55765]]

of Sec.  173.427(a)(2), if applicable, are satisfied.
    (vi) The transport plan.
    (vii) A specification of the applicable quality assurance program.
* * * * *
0
17. In Sec.  173.431, revise paragraph (b) to read as follows:


Sec.  173.431   Activity limits for Type A and Type B packages.

* * * * *
    (b) The limits on activity contained in a Type B(U) or Type B(M) 
package are those prescribed in the applicable approval certificate 
under Sec. Sec.  173.471 or 173.473.
0
18. In Sec.  173.433, add paragraph (i) to read as follows:


Sec.  173.433   Requirements for determining basic radionuclide values, 
and for the listing of radionuclides on shipping papers and labels.

* * * * *
    (i) For instruments or articles in which the radioactive material 
is enclosed in or included as a component part of the instrument or 
article and which meets paragraph (e) of Sec.  173.424 of the 
subchapter, alternative values to those in the table in 173.436 for the 
activity limit for an exempt consignment may be used provided they are 
first approved by the Associate Administrator, or, for international 
transport, multilateral approval is obtained from the pertinent 
Competent Authorities.
0
19. Amend Sec.  173.435, in the table by:
0
a. Adding entries for ``Ba-135m'', ``Ge-69'', ``Ir-193m'', ``Ni-57'', 
``Sr-83'', ``Tb-149'' and ``Tb-161'' in alphanumeric order; and
0
b. Revising the entry for ``Rb(nat)''.
    The additions and revisions read as follows:


Sec.  173.435   Table of A1 and A2 values for 
radionuclides.

    The table of A1 and A2 values for 
radionuclides is as follows:

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                                   Specific activity
     Symbol of  radionuclide          Element and atomic          A1  (TBq)             A1  (Ci) \b\            A2  (TBq)           A2  (Ci) \b\     -------------------------------------------
                                            number                                                                                                           (TBq/g)               (Ci/g)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ADD
 
                                                                                          * * * * * * *
Ba-135m..........................  .......................  2.0 x 10\1\..........  5.4 x 10\2\..........  6.0 x 10-\1\........  1.6 x 10\1\.........  3.0 x 10\4\.........  8.1 x 10\5\
 
                                                                                          * * * * * * *
Ge-69............................  .......................  1.0 x 10\0\..........  2.7 x 10\1\..........  1.0 x 10\0\.........  2.7 x 10\1\.........  4.3 x 10\4\.........  1.2 x 10\6\
 
                                                                                          * * * * * * *
Ir-193m..........................  .......................  4.0 x 10\1\..........  1.1 x 10\3\..........  4.0 x 10\0\.........  1.1 x 10\2\.........  2.4 x 10\3\.........  6.4 x 10\4\
 
                                                                                          * * * * * * *
Ni-57............................  Nickel (28)............  6.0 x 10-\1\.........  1.6 x 10\1\..........  5.0 x 10-\1\........  1.4 x 10\1\.........  5.7 x 10\4\.........  1.5 x 10\6\
 
                                                                                          * * * * * * *
Sr-83............................  .......................  1.0 x 10\0\..........  2.7 x 10\1\..........  1.0 x 10\0\.........  2.7 x 10\1\.........  4.3 x 10\4\.........  1.2 x 10\6\
 
                                                                                          * * * * * * *
Tb-149...........................  Terbium (65)...........  8.0 x 10-\1\.........  2.2 x 10\1\..........  8.0 x 10-\1\........  2.2 x 10\1\.........  1.9 x 10\5\.........  5.1 x 10\6\
 
                                                                                          * * * * * * *
Tb-161...........................  .......................  3.0 x 10\1\..........  8.1 x 10\2\..........  7.0 x 10-\1\........  1.9 x 10\1\.........  4.3 x 10\3\.........  1.2 x 10\5\
 
                                                                                          * * * * * * *
REVISE
 
                                                                                          * * * * * * *
Rb(nat)..........................  .......................  Unlimited............  Unlimited............  Unlimited...........  Unlimited...........  6.7 x 10-\10\.......  1.8 x 10-\8\
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
0
20. Amend Sec.  173.436, in the table by:
0
a. Adding entries for ``Ba-135m'','' Ge-69'', ``Ir-193m'', ``Ni-57'', 
``Sr-83'', ``Tb-149'' and ``Tb-161'' in alphanumeric order; and
0
b. Revising the notes section after the table.
    The additions and revisions read as follows:


Sec.  173.436   Exempt material activity concentrations and exempt 
consignment activity limits for radionuclides.

    The Table of Exempt material activity concentrations and exempt 
consignment activity limits for radionuclides is as follows:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                 Activity                Activity
                                    Element and  atomic      concentration for       concentration for      Activity limit for      Activity limit for
     Symbol of  radionuclide              number          exempt  material  (Bq/  exempt  material  (Ci/    exempt  consignment     exempt  consignment
                                                                    g)                      g)                     (Bq)                    (Ci)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ADD
 
                                                                      * * * * * * *
Ba-135m.........................  ......................  1.0 x 10\2\...........  2.7 x 10-\9\..........  1.0 x 10\6\...........  2.7 x 10-\5\
 

[[Page 55766]]

 
                                                                      * * * * * * *
Ge-69...........................  ......................  1.0 x 10\1\...........  2.7 x 10-\10\.........  1.0 x 10\6\...........  2.7 x 10-\5\
 
                                                                      * * * * * * *
Ir-193m.........................  ......................  1.0 x 10\4\...........  2.7 x 10-\7\..........  1.0 x 10\7\...........  2.7 x 10-\4\
 
                                                                      * * * * * * *
Ni-57...........................  Nickel (28)...........  1.0 x 10\1\...........  2.7 x 10-\10\.........  1.0 x 10\6\...........  2.7 x 10-\5\
 
                                                                      * * * * * * *
Sr-83...........................  ......................  1.0 x 10\1\...........  2.7 x 10-\10\.........  1.0 x 10\6\...........  2.7 x 10-\5\
 
                                                                      * * * * * * *
Tb-149..........................  Terbium (65)..........  1.0 x 10\1\...........  2.7 x 10-\10\.........  1.0 x 10\6\...........  2.7 x 10-\5\
 
                                                                      * * * * * * *
Tb-161..........................  ......................  1.0 x 10\3\...........  2.7 x 10-\8\..........  1.0 x 10\6\...........  2.7 x 10-\5\
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ [Reserved]
\b\ Parent nuclides and their progeny included in secular equilibrium are listed as follows:
Sr-90: Y-90
Zr-93: Nb-93m
Zr-97: Nb-97
Ru-106: Rh-106
Ag-108m: Ag-108
Cs-137: Ba-137m
Ce-144: Pr-144
Ba-140: La-140
Bi-212: Tl-208 (0.36), Po-212 (0.64)
Pb-210: Bi-210, Po-210
Pb-212: Bi-212, Tl-208 (0.36), Po-212 (0.64)
Rn-222: Po-218, Pb-214, Bi-214, Po-214
Ra-223: Rn-219, Po-215, Pb-211, Bi-211, Tl-207
Ra-224: Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64),
Ra-226: Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
Ra-228: Ac-228
Th-228: Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Th-229: Ra-225, Ac-225, Fr-221, At-217, Bi-213, Po-213, Pb-209
Th-nat*: Ra-228, Ac-228, Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
Th-234: Pa-234m
U-230: Th-226, Ra-222, Rn-218, Po-214
U-232: Th-228, Ra-224, Rn-220, Po-216, Pb-212, Bi-212, Tl-208 (0.36), Po-212 (0.64)
U-235: Th-231
U-238: Th-234, Pa-234m
U-nat*: Th-234, Pa-234m, U-234, Th-230, Ra-226, Rn-222, Po-218, Pb-214, Bi-214, Po-214, Pb-210, Bi-210, Po-210
Np-237: Pa-233
Am-242m: Am-242
Am-243: Np-239
* in the case of Th-natural, the parent nuclide is Th-232, in the case of U-natural the parent nuclide is U-238.
\c\ [Reserved]
\d\ These values apply only to compounds of uranium that take the chemical form of UF6, UO2F2 and UO2(NO3)2 in both normal and accident conditions of
  transport.
\e\ These values apply only to compounds of uranium that take the chemical form of UO3, UF4, UCl4 and hexavalent compounds in both normal and accident
  conditions of transport.
\f\ These values apply to all compounds of uranium other than those specified in notes (d) and (e) of this table.
\g\ These values apply to unirradiated uranium only.

0
21. In Sec.  173.443, revise paragraph (c) to read as follows:


Sec.  173.443   Contamination control.

* * * * *
    (c) Except as provided in paragraphs (a) and (d) of this section, 
each conveyance, overpack, freight container, tank, or intermediate 
bulk container used for transporting Class 7 (radioactive) materials as 
an exclusive use shipment that utilizes the provisions of paragraph (b) 
of this section, Sec.  173.427(b)(4), Sec.  173.427(c), or Sec.  
173.427(d) must be surveyed with appropriate radiation detection 
instruments after each exclusive use transport. Except as provided in 
paragraphs (a) and (d) of this section, these items may not be returned 
to Class 7 (radioactive) materials exclusive use transport service, and 
then only for a subsequent exclusive use shipment utilizing one of the 
above cited provisions, unless the radiation dose rate at each 
accessible surface is 0.005 mSv per hour (0.5 mrem per hour) or less, 
and there is no significant non-fixed surface contamination as 
specified in paragraph (a) of this section. The requirements of this 
paragraph do not address return to service of items outside of the 
above cited provisions.
* * * * *
0
22. In Sec.  173.447, redesignate paragraph (b) as paragraph (c) and 
add paragraph (b) to read as follows:

[[Page 55767]]

Sec.  173.447   Storage incident to transportation--general 
requirements.

* * * * *
    (b) The number of packages, overpacks, and freight containers 
containing Class 7 (radioactive) material being stored in transit in 
any one storage area must be so limited that the total sum of the 
transport indexes in any group of packages, overpacks, or freight 
containers does not exceed 50. Groups of packages must be situated so 
as to maintain a spacing of at least 6 m (20 ft) between the closest 
surfaces of packages, overpacks, or freight containers from any two 
groups.
* * * * *
0
23. In Sec.  173.448, revise paragraph (g)(2) to read as follows:


Sec.  173.448   General transportation requirements.

* * * * *
    (g) * * *
    (2) The overpack must be marked as prescribed in subpart D of part 
172 of this subchapter and Sec.  173.25(a). Overpacks must be marked 
with the consignor or consignee's name and address, unless the name and 
address of the consignor or consignee of each package contained in the 
overpack are visible; and
* * * * *
0
24. In Sec.  173.453, revise the introductory text and paragraph (d), 
and add paragraphs (g) and (h) to read as follows:


Sec.  173.453   Fissile materials--exceptions.

    Fissile materials meeting the requirements of at least one of the 
paragraphs (a) through (h) of this section are excepted from the 
requirements of this subpart for fissile materials, including the 
requirements of Sec. Sec.  173.457 and 173.459, but are subject to all 
other requirements of this subpart, except as noted.
* * * * *
    (d) Uranium enriched in uranium-235 to a maximum of 1 percent by 
weight, and with total plutonium and uranium-233 content of up to 1 
percent of the mass of uranium-235, provided that the mass of any 
beryllium, graphite, and hydrogenous material enriched in deuterium 
constitutes less than 5 percent of the uranium mass, and that the 
fissile material is distributed homogeneously and does not form a 
lattice arrangement within the package.
* * * * *
    (g) Uranium with enrichment up to 5 percent by weight uranium-235, 
up to 3.5 g uranium-235 per package.
    (h) Fissile material with no more than 140 grams fissile nuclides 
shipped under exclusive use.
0
25. In Sec.  173.465, revise paragraph (c)(2) to read as follows:


Sec.  173.465   Type A packaging tests.

* * * * *
    (c) * * *
    (2) For packages containing fissile material, the free drop test 
specified in paragraph (c)(1) of this section must be preceded by a 
free drop from a height of 0.3 m (1 foot) on each corner, or in the 
case of cylindrical packages, onto each of the quarters of each rim. 
This free drop test applies only to fissile material rectangular 
packages not exceeding 50 kg (110 lbs.) and fissile material 
cylindrical packages not exceeding 100 kg (220 lbs.).
* * * * *


Sec.  173.468  [Removed and Reserved]

0
26. Remove and reserve Sec.  173.468.


Sec.  173.472   [Removed and Reserved]

0
27. Remove and reserve Sec.  173.472.
0
28. In Sec.  173.475, add paragraph (j) to read as follows:


Sec.  173.475   Quality control requirements prior to each shipment of 
Class 7 (radioactive) materials.

* * * * *
    (j) For packages to be shipped after storage, all packaging 
components and radioactive contents have been maintained during storage 
in a manner such that all the requirements specified in the relevant 
provisions of this subchapter and in the applicable certificates of 
approval have been fulfilled.

PART 174--CARRIAGE BY RAIL

0
29. The authority citation for Part 174 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 33 U.S.C. 1321; 49 CFR 1.81 and 
1.97.

0
30. In Sec.  174.750, revise paragraph (a) to read as follow:


Sec.  174.750   Incidents involving leakage.

    (a) In addition to the incident reporting requirements of 
Sec. Sec.  171.15 and 171.16 of this subchapter, the carrier shall also 
notify the offeror at the earliest practicable moment following any 
incident in which there has been breakage, spillage, or suspected 
radioactive contamination involving Class 7 (radioactive) materials 
shipments. Transport vehicles, buildings, areas, or equipment in which 
Class 7 (radioactive) materials have been spilled may not be again 
placed in service or routinely occupied until the radiation dose rate 
at every accessible surface is less than 0.005 mSv per hour (0.5 mrem 
per hour) and there is no significant removable radioactive surface 
contamination (see Sec.  173.443 of this subchapter). If it is evident 
that a package of radioactive material or conveyance carrying 
unpackaged radioactive material is leaking, or if it is suspected that 
a package of radioactive material or conveyance carrying unpackaged 
radioactive material may have leaked, the actions required by Sec.  
173.443(e) of this subchapter must be taken.
* * * * *

PART 175--CARRIAGE BY AIRCRAFT

0
31. The authority citation for Part 175 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; 49 CFR 1.81 and 1.97.

0
32. In Sec.  175.705, revise paragraph (b) to read as follows:


Sec.  175.705   Radioactive contamination.

* * * * *
    (b) When contamination is present or suspected, the package 
containing a Class 7 material, any loose Class 7 material, associated 
packaging material, and any other materials that have been contaminated 
must be segregated as far as practicable from personnel contact until 
radiological advice or assistance is obtained from the U.S. Department 
of Energy or appropriate State or local radiological authorities. If it 
is evident that a package of radioactive material or conveyance 
carrying unpackaged radioactive material, is leaking, or if it is 
suspected that a package of radioactive material or conveyance carrying 
unpackaged radioactive material, may have leaked, the actions required 
by Sec.  173.443(e) of this subchapter must be taken.
* * * * *

PART 176--CARRIAGE BY VESSEL

0
33. The authority citation for Part 176 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; 49 CFR 1.81 and 1.97.

0
34. Revise Sec.  176.715 to read as follows:


Sec.  176.715   Contamination control.

    Each hold, compartment, or deck area used for the transportation of 
low specific activity or surface contaminated object Class 7 
(radioactive) materials under exclusive use conditions in accordance 
with Sec.  173.427(b)(4) or (c) must be surveyed with appropriate 
radiation detection instruments after each use. Such holds, 
compartments, and deck areas may not be used again for Class 7 
(radioactive) materials exclusive use transport service, and then only 
for a subsequent exclusive use

[[Page 55768]]

shipment utilizing the provisions of Sec.  173.427(b)(4) or (c) until 
the radiation dose rate at every accessible surface is less than 0.005 
mSv/h (0.5 mrem/h), and the non-fixed contamination is not greater than 
the limits prescribed in Sec.  173.443(a) of this subchapter. If it is 
evident that a package of radioactive material or conveyance carrying 
unpackaged radioactive material, is leaking, or if it is suspected that 
a package of radioactive material or conveyance carrying unpackaged 
radioactive material, may have leaked, the actions required by Sec.  
173.443(e) of this subchapter must be taken.

PART 177--CARRIAGE BY PUBLIC HIGHWAY

0
35. The authority citation for Part 177 continues to read as follows:

    Authority:  49 U.S.C. 5101-5128; sec. 112 of Pub. L. 103-311, 
108 Stat. 1673, 1676 (1994); sec. 32509 of Pub. L. 112-141, 126 
Stat. 405, 805 (2012); 49 CFR 1.81 and 1.97.

0
36. In Sec.  177.843, revise paragraph (c) to read as follows:


Sec.  177.843   Contamination of vehicles.

* * * * *
    (c) In case of fire, accident, breakage, or unusual delay involving 
shipments of Class 7 (radioactive) material, see Sec. Sec.  171.15, 
171.16, and 177.854 of this subchapter. If it is evident that a package 
of radioactive material or conveyance carrying unpackaged radioactive 
material, is leaking, or if it is suspected that a package of 
radioactive material or conveyance carrying unpackaged radioactive 
material, may have leaked, the actions required by Sec.  173.443(e) of 
this subchapter must be taken.
* * * * *

    Issued in Washington, DC, on August 24, 2022, under authority 
delegated in 49 CFR 1.97.
William S. Schoonover,
Associate Administrator for Hazardous Materials Safety, Pipeline and 
Hazardous Materials Safety Administration.
[FR Doc. 2022-18605 Filed 9-9-22; 8:45 am]
BILLING CODE 4910-60-P


